The Early Childhood Education Act No 3of 2021 - as Plain Text by MWakili

NATIONAL COUNCIL FOR LAW REPORTING 1,113_1WW SPECIAL ISSUE Kenya Gazette Supplement No.

54 (Acts No.

3) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2021 NAIROBI, 26th March, 2021 CONTENT Act PAGE The Early Childhood Education Act, 2021 17 NATIONAL COUNCIL FOR LAW REPORTING RECEIVED 10 MAY 2021 P.

0.

Box 10443 00100, NAIROBI, KENYA TEL: 2719231 FAX: 2712694 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 17 THE EARLY CHILDHOOD EDUCATION ACT, 2021 No.

3 of 2021 Date of Assent: 22nd March, 2021 Date of Commencement: 9th April, 2021 ARRANGEMENT OF CLAUSES Clause PART I PRELIMINARY 1 Short title.

2 Interpretation.

3 Objects.

4 Guiding principles.

PART II RIGHT TO EARLY CHILDHOOD EDUCATION 5 Right to early childhood education.

6 --Obligations of County Governments in promoting the right to early childhood education.

7 Duty of parents or guardians.

8 Duty of head teacher.

9 Children with special needs.

PART III ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES 10 Establishment of public education centres.

11 Register of education centres.

12 Requirement for registration of education centres.

13 Application for registration.

14 Registration of existing schools to offer early childhood education.

15 Provisional registration.

18 No.

3 Early Childhood Education 2021 16 Review of registration.

17 --Criteria for registration as a private education centre: 18 Registration.

19 Suitable premises.

20 Changes of premises: 21 Mobile schools: 22 Obligations of a private education centre.

23 Action by the County Education hoard where centre fails to comply with Act.

24 --Suspension of registration where welfare of learners is at risk.

25 --Cancellation of registration.

26 Appeal from decision of the County Education Hoard.

27 Categories of education centres.

28 Sponsors.

PART fig MANAGEMENT OP EARLY CRILINHOCOD EDUCATION CENTRES 29 Management board of an early childhood education centre.

30 Composition of board of management.

31 ---Putictions of the board of management.

32 Committees of the board of management.

33 Parents teachers association.

34 Annual report on governance.

35 Record keeping requirements.

36 Teaching staff.

PART V ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM 37 Management of early childhood education within a county.

38 Recruitment of early childhood teachers.

19 2021 Early Childhood Education No.

3 39 Free admission into public education centre.

40 Period of admission.

41 Age of admission.

42 Prohibition of administration of exams for purposes of admission.

43 Prohibition from holding back and expulsion.

44 Standards of education in a private education centre.

45 Framework of curriculum.

46 Free tuition.

47 Education centre programmes.

48 Prohibition of holiday tuition.

49 Teacher to child ratio.

50 Prohibition from offering boarding facilities.

PART VI ACCREDITATION 51 Accreditation of education centres offering foreign curriculums.

52 Application for accreditation.

53Consideration of application.

54 Evaluation of applicant for accreditation.

55 Interim accreditation.

56 Grant of accreditation.

57 Renewal of accreditation.

58 Adherence to conditions for accreditation.

59 Suspension of certificate of accreditation.

60 Revocation of accreditation.

61 Appeal against decision of the County Education Board to revoke accreditation.

62 Register of accredited education centres.

PART VII QUALITY ASSURANCE 63 Quality assurance.

20 No.

3 Early Childhood Education 2021 PART VIII SAFETY AND PROTECTION OF CHILDREN IN AN EDUCATION CENTRE 64 Safety equipment.

65 Prohibition of corporal punishment.

PART IX TRANSITIONAL PROVISIONS 66 Existing education centres.

67 Qualified persons.

PART X - MISCELLANEOUS PROVISIONS 68 Regulations.

69 General penalty.

70 Amendments to No.

14 of 2013.

FIRST SCHEDULECRITERIA FOR DETERMINING THE SUITABILITY OF PREMISES FOR THE CONDUCT OF EARLY CHILDHOOD EDUCATION SECOND SCHEDULECONDUCT OF AFFAIRS OF BOARD OF MANAGEMENT OF EARLY CHILDHOOD EDUCATION CENTRE 21 2021 Early Childhood Education No.

3 THE EARLY CHILDHOOD EDUCATION ACT, 2021 AN ACT of Parliament to provide a framework for the establishment of systems for the administration of early childhood education within a County, and for connected purposes.

ENACTED by the Parliament of Kenya, as follows PART IPRELIMINARY 1.

This Act may be cited as the Early Childhood Short title.

Education Act, 2021.

2.

In this Act, unless the context otherwise requires Interpretation.

"board of management" means the board of management of an education centre; "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to early childhood education; "child" has the meaning assigned to it under the No.8 of 2001.

Children Act; "children with special needs" means a child in need of special needs education; "County Education Board" means the County Education Board established under section 17 of the Basic No.

14 of 2013.

Education Act in each county; "county executive committee member" means the county executive committee member responsible for matters relating to education within each county; "curriculum" means all approved subjects taught or programmes offered in an education centre which are approved by the Kenya Institute of Curriculum Development; "department" means the department of education headed by the county executive committee member responsible for education at the county level of government; "Education Appeals Tribunal" means the Appeals No.

14 of 2013.

Tribunal established under section 93 of the Basic Education Act; 22 No.

3 Early Childhood Education 2021 "education centre" means a public or private early childhood education centre or facility used for conducting early childhood education and training; "early childhood education" means the pre-primary educational programmes imparted to a child in an education centre; "Education Standards and Quality Assurance Council" No.

14 of 2013.

means the Education Standards and Quality Assurance Council established under section 64 of the Basic Education Act; "head teacher" means the lead educator or administrator in an education centre who is responsible for the implementation of policy guidelines and professional practice in the education centre; "Kenya Institute of Curriculum Development" means No.

4 of 2013.

the Kenya Institute of Curriculum Development established under section 3 of the Kenya Institute of Curriculum Development Act; "learner" has the meaning assigned to it in the Teachers Service Commission Act; No.

20 of 2012.

"mobile school" has the meaning assigned to it under No.

14 of 2013.

the Basic Education Act; "public education centre" includes a sponsored public education centre"; "special needs education" has the meaning assigned to it in the Basic Education Act No.

14 of 2013.

"sponsor" has the meaning assigned to it under the Basic Education Act; No.

14 of 2013.

"teacher" has the meaning assigned to it under the No.

20 of 2012.

Teachers Service Commission Act; and "Teachers Service Commission" means the Teachers Service Commission established under Article 237(1) of the Constitution.

"village administrator" means the office of a village administrator established in section 52 of the County No.

17 of 2012.

Governments Act.

Objects.

3.

The objects of this Act are to- 23 Early Childhood Education 2021 No.

3 (a) provide a framework for the establishment of a comprehensive early childhood development and education system by the county governments; (b) provide a framework for the establishment of the infrastructure necessary to support the provision of quality education in the early childhood education system within a county; (c) promote the delivery of quality early childhood education and provide a framework that enhances the quality and efficiency of early childhood education in the counties; and (d) provide a framework for the establishment of (i) a developmentally, culturally and linguistically appropriate early childhood care and education system including the implementation of program models, standards and curriculum based on research and best practices; and (ii) a partnership between the National government, the county governments, private persons and other relevant stakeholders with an interest or expertise in early childhood care and education.

4.

All entities in this Act shall, in performing their Guiding principles functions under this Act, be guided by the following principles (a) the right to free and compulsory basic education enshrined under Article 53 of the Constitution; (b) coordinated public participation in the implementation, monitoring and evaluation of policies and plans related to the implementation of early childhood development and education in the county; (c) a holistic approach towards meeting the education and other development needs of the child to ensure that their full potential is realised; (d) empowerment and capacity building as a means of facilitating the right to early childhood education; (e) recognition of the parents and family of the child as the primary care givers and the role of the 24 No.

3 Early Childhood Education 2021 community in providing an alternative support system to the parents and an environment that ensures the realization of the right to early childhood education and development; (f) equality, equity and non-discrimination in the provision of early childhood education and the recognition of children with disabilities; transparency in the implementation of programmes (g) and activities relating to early childhood education and the allocation and utilization of public and private resources; ensuring that interventions are based on objective (h) information and methods and that monitoring mechanisms and regular evaluations are established, thus ensuring transparency in the public management, social audit and taking into account the needs of the population; developmentally through (i) accountability appropriate methods of measuring, reporting and tracking the growth and development of a child and the improvement of the early childhood education systems and programs; (j) collaboration and co-operation with the National government and relevant stakeholders in the implementation of activities necessary for ensuring the actualization of the right to early childhood education; and the identification and prioritization of communities (k) most at risk while striving to make the system universally available to all those who wish to participate.

PART IIRIGHT TO EARLY CHILDHOOD EDUCATION (1) Every child has the right to free and compulsory Right to early 5.

childhood early childhood education in a public education centre.

education.

(2) The right to early childhood education shall be enjoyed without discrimination, exclusion or restriction on the basis of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political or other opinion, property, disability or other status.

25 Early Childhood Education 2021 No.

3 (3) For the enjoyment of the right to early childhood education, the county government shall respect, protect, promote, monitor, supervise and (a) evaluate the right to early childhood education and guarantee mechanisms for its enforcement; refrain from actions that undermine access to early (b) childhood education; ensure the availability and accessibility of early (c) childhood education by all children within the county irrespective of their economic, social or religious background by making provision for sufficient access to resources, funding and support and maintaining an enabling environment in which children can attain early childhood education; (d) provide an opportunity for the public to develop their understanding on the need to support the implementation of early childhood education and for public participation in the formulation and implementation of any service or programme interventions towards early childhood education; (e) ensure the development of skills and capacity building necessary for achieving an equitable and effective early childhood education system in the county; and (f) provide and maintain a sustainable early childhood education system and protect the right to early childhood education from encroachment by any public authority or any person.

6.

Each county government shall, in promoting the Obligations of right to early childhood education county governments in (a) provide free and compulsory early childhood promoting the right to early education in public education centres within the childhood county; education.

(b) establish such public education centres as may be necessary for the provision of free and compulsory early childhood education within the county; (c) formulate programmes and plans and implement policies for the realisation of the right to early childhood education; (d) implement, in consultation with the relevant stakeholders, curriculum programs that promote 26 No.

3 Early Childhood Education 2021 positive culture and the holistic development of the child; (e) provide the necessary infrastructure and funds necessary for the development of education centres and for the administration of early childhood education within the county; (f) identify and undertake an assessment of children with disabilities in the county and put in place special programmes targeting such children in the provision of early childhood education; ensure that children belonging to marginalized, (g) vulnerable or disadvantaged groups within the county are not discriminated against and prevented from pursuing and completing early childhood education; (h) carry out public awareness and advocacy programmes in relation to early childhood development and education; (i) ensure the provision of, and support investment in human resource, infrastructural facilities and learning resources to facilitate the provision of early childhood education; (j) establish and maintain relationships with international, national and local institutions within the county involved in the provision of early childhood education; (k) promote the circulation of and access to up-to-date and timely information on early childhood education and development; and (1) develop a best classroom model for early childhood education centres within the respective county in accordance with the specifications set out in the First Schedule.

7.

(1) Every parent or guardian shall cause to be Duty of parents or presented for admission or cause to be admitted his or her guardians.

child, as the case may be, to an education centre.

(2) A parent or guardian who fails to comply with subsection (1) commits an offence and is liable on conviction, to a fine not exceeding ten thousand shillings.

27 2021 Early Childhood Education No.

3 (3) Where a person convicted of an offence under subsection (2) is unable to pay the fine, that person is liable to imprisonment for a term not exceeding one year or to such penalty including community service as the Court shall consider fit to impose.

(1) Where a learner admitted in an education centre Duty of head 8.

teacher.

fails to attend the education centre, the head teacher shall, in collaboration with the village administrator, cause an investigation of the circumstances of the learner's absence from school.

(2) Where the head teacher finds that there are no reasonable grounds for the learner's failure to attend school, the head teacher shall (a) issue a written notice to the parent of the learner requiring that parent to comply with the provisions of this Act; and submit a report on the learner to the County (b) Education Board.

(3) A parent who without reasonable cause and after a written notice from the head teacher, fails to comply with a notice under subsection (2) commits an offence and shall be liable, on conviction, to a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding one year, or to both.

9.

(1) The county executive committee member shall Children with put in place such infrastructure as may be necessary to special needs.

ensure that children with special needs have access to, and are provided with early childhood education.

(2) In performing the functions under subsection (1), the county executive committee member shall (a) ensure that screening tools for early identification of children with special needs and disabilities are developed and distributed for use; (b) ensure early identification, assessment and interventions of children with special needs and disabilities; (c) ensure training of personnel working with children with special needs and disabilities on use of screening tools for early interventions; 28 No.

3 Early Childhood Education 2021 (d) facilitate development of programmes for training and professional development for all pre-primary education providers and personnel in special needs education; (e) ensure that children with special needs and disabilities have equal access to recreational sporting facilities within and outside pre-primary school programmes to nurture talents; (f) ensure that teachers and other staff in integrated pre-primary schools plan and implement an integrated individualized education programme for the purpose of monitoring the progress of an individual child with special needs and disabilities; liaise with other professionals and stakeholders to (g) provide psychosocial support to learners with special needs and disabilities; (h) facilitate provision of teacher aids to pre-primary schools to support teachers handling children with special needs and disabilities; and (i) ensure that children with disabilities are provided with any other necessary support.

PART IIIESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES 10.

Subject to the Constitution and this Act, the county Establishment of governments shall establish and maintain such early public education childhood education centres as they may consider centres.

necessary to meet the obligation set out under Article 53 of the Constitution.

11.

(1) The County Education Board shall keep and Register of maintain a register of education centres.

(a) all education centres registered to provide early childhood education services within the respective county; (b) all education centres whose registration has been cancelled; and (c) such other particulars as the County Education Board may from time to time determine to be necessary.

29 2021 Early Childhood Education No.

3 (2) Any person may inspect the register and obtain a copy of, or an extract of the register from the Registrar.

12.

(1) A person shall not offer early childhood Requirement for education services or establish or maintain an education registration of centres.

centre unless that person is registered in accordance with education this Act.

(2) A person who fails to comply with subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or to both.

(1) A person who intends to offer early childhood Application for 13.

registration.

education and development services shall submit an application for registration to the County Education Board in the prescribed form.

(2) An applicant under subsection (1) shall submit together with the application (a) a certificate of registration or in the case of a company, a copy of the memorandum and articles of association of the company; (b) duly completed and signed application forms for the management of the education centre in the prescribed form; (c) duly completed and signed application forms for the head teacher of the education centre in the prescribed form; (d) an education centre inspection report by the Sub- County Education office; (e) a public health or sanitary inspection report; (f) the Title Deed, allotment letter or a valid lease agreement covering a period not less than five years; (g) certified copies of professional and academic certificates of all teachers and the head teacher; (h) certified copies of registration certificates issued to the teachers in the education centre by the Teachers Service Commission; (i) supporting records signed by the relevant authorities showing existing facilities and future development or extension plans where applicable; and 30 No.

3 Early Childhood Education 2021 (j) the prescribed fees.

14.

Where a person who or an entity which is Registration of registered to offer basic education under the Basic existing schools to offer early Education Act intends to offer early childhood education, childhood such person or entity shall apply, subject to section 66, for education.

registration to offer early childhood education in the No.

14 of 2013.

prescribed manner.

15.

Provisional (1) The County Education Board shall, where an registration.

applicant under section 13 and 14 meets the criteria for registration, provisionally register the applicant if it is satisfied that the education centre or proposed education centre meets the criteria for registration as an education centre.

(2)Provisional registration of an education centre or proposed education centre shall be for a period of twelve months, unless earlier revoked or such other period as the County Education Board may specify.

(3)The County Education Board may renew the provisional registration of an education centre only once, for such period as it may specify, if it is satisfied that exceptional circumstances exist in relation to the education centre.

(4)The County Education Board may undertake further investigations of the education centre, in addition to the review required under section 16, of an education centre that has its provisional registration renewed under subsection (3).

16.

(1) As soon as practicable after provisionally Review of registering an education centre under section 15, the registration.

County Education Board shall inform the county executive committee member of the provisional registration.

(2) The county executive committee member shall cause the county early childhood quality assurance committee to review any education centre that is provisionally registered under section 15 either (a) between six and twelve months after the provisional registration of the education centre or proposed education centre; or a period earlier than that specified in paragraph (a) (b) if in the opinion of the County Executive Committee member, a shorter time is necessary.

31 Early Childhood Education 2021 No.

3 (3) The county executive committee member shall cause a further review of an education centre to be conducted upon the request of the County Education Board.

(4) The county executive committee member shall submit the findings of a review under this section to the County Education Board and to the head teacher of the education centre for implementation.

The findings submitted under subsection (4) shall (5) include (a) information on whether the education centre meets the criteria for registration as an education centre; and information on the areas where improvement is (b) required, if it does not meet the criteria.

17.

The County Education Board shall not approve Criteria for an application for registration of a private institution as an registration as a private education education centre unless the institution centre.

(a) is situated in a premises that meets the requirements of a suitable premises under section 19; (b) has the capacity to care and provide early childhood education to at least ten children; (c) has adequate and qualified staffing that would ensure that the education imparted to the children is suitable according to the age range and level of development of the children, the curriculum taught at the education centre and the size of the education centre; (d) has equipment that is suitable for the curriculum being delivered or to be delivered at the education centre; (e) meets the standards prescribed under this Act; and (f) has a head teacher who meets the qualifications prescribed under this Act.

18.

Registration.

Where the County Education Board is satisfied that an education centre that is provisionally registered meets the criteria for registration as an education centre, it shall grant full registration to the centre and issue to the centre, a certificate of registration.

19.

(1) In determining whether the premises of an Suitable premises.

education centre are suitable for the administration of early 32 No.

3 Early Childhood Education 2021 childhood education, the County Education Board shall take into account the criteria specified under the First Schedule.

(2) Subsection (1) shall apply to all premises used by the education centre for the regular delivery of courses, whether or not the proprietor of the centre owns or leases the premises for the education centre.

(3) The compound in which an education centre is situated shall not be less than one acre in measurement.

(1) The board of management shall not change the Change of 20.

premises.

location of the centre nor acquire additional premises for the purpose of running the education centre unless it has applied to, and obtained the approval of the County Education Board.

(2) In determining whether to grant approval under subsection (1), the County Education Board shall take into account the criteria specified under section 17.

(3) The board of management of an education centre shall notify the County Education Board of any change in the location of the education centre including (a) the acquisition of premises that are in addition to its current premises; or (b) the relocation of the education centre to a different premise from that currently occupied by the education centre.

(1) A County Government may establish such Mobile schools.

21.

mobile schools as it considers necessary to facilitate access to early childhood education within the county.

(2) The provisions of this Part shall, subject to subsection (3), apply with necessary modification to the registration of mobile schools.

The Cabinet Secretary may, in consultation with the (3) County Education Board prescribe the requirements for the establishment of a mobile school within the county.

A private early childhood education provider Obligations of a 22.

private education registered under this Act shall centre.

(a) establish the structures necessary for the management and administration of education within the centre; 33 2021 Early Childhood Education No.

3 (b) recruit persons who are qualified and registered by the Teachers Service Commission to administer the early childhood education curriculum in the education centre; administer a curriculum that adheres to the early childhood education policy and this Act; maintain premises in a manner that ensures that it meets the requirements of the occupational health, safety regulations and building standards; maintain necessary teaching and learning materials and equipment; maintain a data bank on learners admitted in the education centre and submit to the county executive committee member; and meet such other requirements as the county executive committee member, in consultation with the County Education Board, may consider necessary for the delivery of quality early childhood education services within the county.

23.

(1) The County Education Board may take any Action by the action specified under subsection (2) with regard to a County Education Board where private education centre where centre fails to (a) it considers that the education centre has not met comply with Act.

any or all of the criteria for registration as an education centre; (b) a review conducted under section 16 indicates that the education centre does not, or is not likely to, meet all or any of the criteria for registration as a private education centre; (c) the head teacher of the education centre has breached or is breaching his or her statutory duties in relation to the education centre under this Act or any other written law; or (d) it has reasonable grounds to believe that serious criminal activity has or is occurring in the education centre.

(2) Where the County Education Board is satisfied that any ground specified under subsection (1) exists in relation to an education centre registered under section 18, it may 34 No.

3 Early Childhood Education 2021 (a) issue the head teacher of the education centre with a notice to comply in the prescribed form; (b) require the head teacher of the education centre to inform parents of the learners in the centre that the centre is not meeting the criteria for registration as a private education centre; (c) impose conditions on the continued registration of the education centre; (d) take any action specified under paragraphs (a) to (c), and suspend the education centre's registration; or (e) cancel the education centre's registration in accordance with section 25.

(3) Any action taken by the County Education Board under subsection (2) (a) shall be proportionate to the seriousness of the action or inaction by the education centre; and is in addition to any fine incurred or other penalty (b) imposed under this Act, or under any other written law.

24.

(1) The County Education Board may at any time Suspension of suspend the registration of an education centre registered registration where welfare of learners under section 18 if it has reasonable grounds to believe is at risk.

that the welfare of the learners at the education centre is at risk, and (a) that it is unlikely that the risk can be managed by any practicable means other than by suspension of the registration; or (b) that, although the risk could be managed by means other than by suspension of the registration, the amount of time necessary to do so is likely, in the opinion of the County Education Board, to be excessive.

(2) An education centre shall remain suspended under subsection (1) until the County Education Board (a) is satisfied that the head teacher has complied with all requirements imposed by it; or (b) cancels the registration of the education centre in accordance with section 25.

35 2021 Early Childhood Education No.

3 (3) A suspension under subsection (1) shall continue in force until the County Education Board (a) is satisfied that the welfare of the learners in the education centre is no longer at risk; or cancels the registration of the education centre in (b) accordance with section 25, after issuing the head teacher of the education centre with a notice to comply in accordance with section 23.

25.

(1) The County Education Board may cancel the Cancellation of registration of an education centre if, following an action registration.

taken under paragraphs (a) to (d) of section 23(2), (a) the education centre (i) does not improve sufficiently to meet the criteria for registration under section 17; and is not, in the opinion of the County Education (ii) Board, likely to meet the criteria, within a further reasonable time; (b) the head teacher of the education centre is continuing in breach of the statutory duties in relation to the centre; or (c) serious criminal activity has or continues to occur in the education centre.

(2) Before cancelling the registration certificate of an education centre under subsection (1), the County Education Board shall (a) take reasonable steps to obtain and consider any relevant information, including any report by a review committee appointed by the County Education Board for that purpose; (b) give written notice to the board of management of the education centre that it is considering cancelling the registration of the education centre, and give reasons; and (c) give the board of management of the education centre a reasonable opportunity to respond to the notice.

26.

(1) A person who is aggrieved by the decision of Appeal from the County Education Board under this Part may, within decision of the County Education thirty days of being notified of the decision, appeal to the Board.

36 No.

3 Early Childhood Education 2021 Education Appeals Tribunal established under section 93 of No.

14 of 2013.

the Basic Education Act.

(2) The Appeal shall be in such form as the Cabinet No.

14 of 2013.

Secretary may, prescribe.

(3) The appeal shall be determined in such manner as the Cabinet Secretary shall, under section 93(3) of the Basic Education Act, prescribe.

27.

(1) Categories of Education centres shall be categorized as education centres.

(a) private education centres established, owned or operated by private persons; and (b) public education centres established, owned or operated by the county government.

(2) A public education centre shall not be converted to a private education centre or to any other private status without consultation with the County Education Board and approval by the county executive committee member.

28.

(1) A public education centre may be sponsored by Sponsors.

a private person including a religious institution.

(2) A sponsorship entered into under subsection (1) shall be used to enhance the educational programmes in an education centre and contribute directly or indirectly to the quality of education administered in an education centre under this Act.

(3) A sponsor shall not influence the curriculum administered in an education centre, compromise the implementation of any written law applicable to the education centre or compromise the professional standards and ethics of teachers in the early education centre.

(4) Despite the generality of subsection (2), the role of the sponsor under subsection (1) shall be to (a) participate and make recommendations of review of syllabus, curriculum, books and other teaching aids; and offer financial, infrastructural and spiritual support (b) to the education centre.

(5) Despite the fact that the sponsor of an education centre is a faith-based institution, the curriculum in the education centre shall be as set and approved by the Kenya Institute of Curriculum Development.

37 2021 Early Childhood Education No.

3 PART IVMANAGEMENT OF EARLY CHILDHOOD EDUCATION CENTRES (1) There is established in every public education Management 29.

board of an early centre, a board of management.

childhood (2) The board of management shall be a body education centre.

corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of (a) suing and being sued; taking, purchasing or otherwise acquiring, holding, (b) charging or disposing of movable and immovable property; borrowing money; (c) (d) entering into contracts; and (e) doing or performing all other things or acts for the proper performance of its functions under this Act which may be lawfully done or performed by a body corporate.

(3) In the performance of its functions under paragraphs (b) and (c) of subsection (2), the board of management shall first seek the approval of the County Education Board.

30.

(1) The board of management shall consist of Composition of board of (a) one person elected by the parents from each level management.

within the education centre to represent parents of learners in the education centre; (b) one representative of the teaching staff in the education centre nominated by the teachers; (c) two persons with experience in matters of nutrition and social work relating to early childhood development and education nominated by the County Governor on the recommendation of the County Education Board; (d) one public officer nominated by the county executive committee member within the county; (e) one person living with disability to represent children with disabilities; 38 No.

3 Early Childhood Education 2021 (f) the head teacher of the education centre, who shall be an ex officio member; and (g) in the case of a sponsored education centre, one person nominated by the sponsor.

(2) A person is qualified for nomination to the board of management if the person holds at least a Kenya Certificate of Secondary Education.

(3) The head teacher to the education centre shall be the secretary to the board of management.

(4) The board of management shall report to the County Education Board on the performance of its functions under this Act.

(5) The members of the board of management shall, at their first meeting convened on such date as the County Education Board shall determine, appoint from amongst themselves, a person who shall be the chairperson of the board of management.

(6) The board of management may co-opt such persons not exceeding two in number to sit in the committee of the board, whose knowledge and skills are found necessary for the performance of the functions of the board.

(7) The board of management shall conduct its affairs in accordance with the provisions of the Second Schedule.

(8) Except as provided in the Second Schedule, the board of management may regulate its own procedure.

31.

The functions of the board of management are Functions of the to board of management.

(a) identify the needs of early childhood education and development services within their local communities and develop viable strategies for meeting these needs; (b) mobilize the parents and local communities to initiate and sustain education centres and support early education programmes; (c) manage the early education programme in the centre in ensuring the provision of quality early childhood education; 39 Early Childhood Education 2021 No.

3 (d) identify local resources necessary to equip the education centre and identify sources for, and undertake fundraising activities to raise funds for the education centre; (e) ensure the provision of quality early education services in the education centre in accordance with the standards prescribed under this Act and by the County Education Board; (f) ensure the provision of adequate equipment and facilities within the education centre that such equipment and facilities are well maintained; carry out advocacy in relation to the needs and the (g) rights of the child in relation to early childhood education; and (h) carry out such other functions as may be necessary for the implementation of this Act within the education centre.

32.

The board of management of an early Committees of the childhood education centre may establish such committees board of as the board of management may consider appropriate to management.

perform the functions and discharge the responsibilities as the board of management may deem necessary.

33.

(1) There shall be a Parents Teachers Parents Teachers Association for every public and private school consisting Association.

of (a) every parent with a learner in the education centre; and (b) a representative of the teachers in the education centre.

(2) There shall be an Executive Committee of the Parents Teachers Association consisting of representatives of parents with learners in each level within the education centre and a teacher.

(3) The members of the Executive Committee of Parents Teachers Association shall be elected during an annual general meeting of parents and teachers.

(4) The Parents Teachers Association shall, at its first meeting, elect a chairperson from amongst the persons elected under subsection (3).

40 No.

3 Early Childhood Education 2021 (5) The chairperson of the Parents Teachers Association shall be co-opted to the board of management.

(6) The head teacher shall be the Secretary to the Parents Teachers Association.

(7) The functions of the Parents Teachers Association are to (a) promote quality care, nutritional and health status of the learners; (b) maintain good working relationship between teachers and parents; (c) discuss, explore and advise the parents on ways to raise funds for the physical development and maintenance; (d) explore ways to motivate the teachers and learners to improve their performance in academic and co- curricular activities; (e) discuss and approve charges to be levied on learners or parents; (f) assist the school management in the monitoring, guidance, counselling and disciplining of learners; and (g) discuss and recommend measures for the welfare of staff and learners.

34.

Every public education centre shall submit an Annual report on annual report to the County Education Board.

governance.

35.

Every education centre shall keep, and make Record keeping available to the County Education Board on request requirements.

(a) a register of the learners who attend or have attended the early childhood education centre, specifying the date of birth of each learner; (b) a record of the attendance of learners at the education centre; (c) a record of all fees and other charges paid in respect of learners' attendance at the education centre; (d) academic progress assessment reports in relation to each learner who is registered in the education centre; 41 Early Childhood Education 2021 No.

3 (e) a record of the immunizations administered with respect to each learner who is registered in the education centre; and (f) such other records that are necessary to enable the centre's performance to be monitored adequately.

(1) A person is qualified for employment as an Teaching staff.

36.

early childhood education teacher if the person is registered as a teacher by the Teachers Service Commission.

(2) A person is qualified for employment as a head teacher in an education centre if the person (a) meets the requirements of subsection (1); and has at least two years' experience in matters of (b) early childhood education.

PART VADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM 37.

(1) Each county government shall be responsible Management of for the overall governance and management of early early childhood education within a childhood education centres within the respective county.

county.

(2) The county executive committee member in each County shall, in consultation with the County Education Board, determine the early childhood education resource and infrastructure requirements within the County.

38.

(1) The county government shall be responsible Recruitment of for the early childhood teachers.

(a) recruitment and professional development of early childhood education teachers in public education centres within the county; and (b) maintenance of a register of early childhood education teachers recruited by it under paragraph (a).

(2) The county government shall pay to early childhood education teachers employed in public education centres within the county, such remuneration as it shall, in consultation with the Salaries and Remuneration Commission, determine.

39.

(1) A person shall not charge or collect any fee for Free admission the purpose of admitting a child into any public education into public centre.

education centre.

42 No.

3 Early Childhood Education 2021 (2) Despite subsection (1), admission fees may be payable by persons who are not Kenyan citizens.

40.

(1) A child shall be admitted in an education Period of centre at the commencement of the academic year or within admission.

such other extended period as may be prescribed by an education centre.

(2) The person responsible for admission of children in an education centre shall not discriminate against any child seeking admission on any ground including ethnicity, gender, religion, race, age, disability, language or culture.

41.

(1) A child who has attained the age of four years Age of admission.

and who is not more than six years of age is eligible for admission in an education centre.

(2) Despite the provisions of subsection (1), the head teacher of an education centre may, where the head teacher considers it appropriate, admit a child who is more than six years of age.

(3) For purposes of subsection (1), the head teacher of an education centre may, in determining the age of a child, use the immunization card or birth certificate, passport or any other recognized identification document of the child.

(4) A child shall not be denied admission in an early childhood education centre for lack of proof of age.

42.

An education centre under this Act shall not Prohibition of administer examinations for the purpose of determining administration of exams for admission into the education centre.

purposes of admission.

43.

Prohibition from A learner admitted in an education centre shall not holding back and be held back in any class or expelled from the centre expulsion.

without the approval of the County Education Board.

44.

Standards of A private education centre shall comply with and education in a follow the curriculum approved by the Kenya Institute of private education Curriculum Development.

centre.

45.

(1) The Kenya Institute of Curriculum Framework of Development shall be responsible for the development of curriculum.

the early childhood education curricula to be applied by counties.

(2) The Kenya Institute of Curriculum Development shall review the curriculum framework to be administered by all licensed education centres within the county in 43 2021 Early Childhood Education No.

3 consultation with the relevant stakeholders including the national and county quality assurance bodies (a) within a period of five years after the development of the curriculum under subsection (1); and subsequently every five years after each review.

(b) (3) The Kenya Institute of Curriculum Development shall, in carrying out the review under subsection (2), take into account the specific or special needs of children within the respective county.

(4) In reviewing the curriculum under subsection (1), the Kenya Institute of Curriculum Development shall No.

14 of 2013.

ensure that the curriculum adheres to the policy and guidelines on curricula developed by the Cabinet Secretary under the Basic Education Act.

(5) As soon as practicable after reviewing the curriculum framework, the Kenya Institute of Curriculum Development shall publish by notice in the Gazette (a) the curriculum framework that has been prescribed or, as the case may be, reviewed; and the curriculum framework or the amendment to the (b) curriculum framework in its entirety, or a notice as to the manner in which a copy of the curriculum framework or the amendment to the curriculum framework can be obtained by members of the public.

(6) If a curriculum framework is reviewed under this section, every service provider for a registered education centre and to whom that curriculum framework applies, shall implement that curriculum framework in accordance with any requirements prescribed in regulations made under this Act.

(1) A public childhood education centre shall not Free tuition.

46.

charge or cause any parent or guardian to pay tuition fee for or on behalf of any learner in the education centre.

(2) Despite subsection (1), a public education centre may charge tuition fees for the education of children who are not citizens of Kenya.

(3) A head teacher or a member of the board of management of a public education centre who imposes a 44 No.

3 Early Childhood Education 2021 charge or causes any parent or guardian to pay tuition fees commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding six months, or to both.

47.

In administering early childhood education, an Education centre education centre shall programmes.

(a) provide appropriate and adequate learning and play materials; (b) emphasize and carry out activities aimed at enhancing creativity amongst the children and use of learning materials; and (c) emphasize the child centred approach in individual learning for the development of each individual child.

48.

An education centre shall not undertake early Prohibition of childhood education services nor offer tuition during school holiday tuition.

holidays, on weekends or on a day declared to be a public Cap.l 10.

holiday under the Constitution or the Public Holidays Act.

49.

The teacher to child ration in an early childhood Teacher to child education centre under this Act shall be as prescribed by ratio.

the Cabinet Secretary in consultation with the Teachers Service Commission and the County Education Board.

50.

An education centre under this Act shall not offer Prohibition from boarding facilities unless the centre is a child care centre offering boarding and is registered in accordance with the law regulating facilities.

child care facilities.

PART VI ACCREDITATION 51.

An education centre administering or intending to Accreditation of administer a foreign curriculum shall apply to the County education centres offering foreign Education Board for accreditation in the manner specified curriculums.

under this Part.

52.

(1) An education centre which intends to apply for Application for accreditation shall make an application to the County accreditation.

Education Board in the prescribed form.

(2) An education centre shall submit the application made under subsection (1) together with a certificate from the Kenya Institute of Curriculum Development containing a statement that the foreign curriculum adheres to the set curriculum for early childhood education.

45 2021 Early Childhood Education No.

3 53.

Upon receipt of an application under section 52, Consideration of the County Education Board shall application.

(a) acknowledge receipt within a period of seven days of receipt of the application; (b) consider the application to determine if the applicant has submitted the required information; and (c) carry out a site visit to the education centre.

54.

(1) The County Education Board shall carry out a Evaluation of site visit of the education centre within a period of sixty applicant for days from the date of the application for accreditation.

accreditation.

(2) The County Education Board shall, in carrying out a site visit, authenticate the information submitted by the education centre and evaluate the institution to determine whether it meets the standards for the registration of an education centre under this Act.

55.

(1) The County Education Board may, in Interim consultation with the county executive committee member accreditation.

grant to an applicant a certificate of interim accreditation where the County Education Board is not satisfied that the education centre complies with the prescribed accreditation standards.

(2) An education centre to which a certificate of interim accreditation is issued under subsection (1) shall address areas of non-compliance within such a period as may be specified by the County Education Board not exceeding twelve months from the date on which the certificate is issued and on compliance, resubmit an application to the County Education Board for full accreditation.

(3) The certificate of interim accreditation is deemed to have expired if an education centre fails to meet the accreditation standards within the period specified by the County Education Board.

56.

(1) The County Education Board in consultation Grant of with the county executive committee member, may accreditation.

(a) grant to an applicant a certificate of accreditation upon satisfaction that the education centre complies with the prescribed accreditation 46 No.

3 Early Childhood Education 2021 standards and meets the requirements under this Act; or (b) reject the application and give written reasons for the rejection.

(2) The certificate of accreditation shall be valid for a period of five years and renewable subject to the education centre meeting the prescribed conditions.

(3) The County Education Board may defer its decision on an application for accreditation and require the applicant to submit additional information or take such measures as the County Education Board may consider necessary.

57.

(1) An education centre may make an application Renewal of for renewal of its accreditation to the County Education accreditation.

Board in the prescribed form.

(2) An application for renewal of accreditation shall be submitted at least ninety days before the expiry of the certificate of accreditation.

(3) The County Education Board in consultation with the county executive committee member shall consider an application for renewal of accreditation.

58.

An education centre to which a certificate of Adherence to accreditation is issued shall conditions for accreditation.

(a) adhere to the standards and conditions for accreditation; and (b) ensure that the curriculum administered in the centre meets the standards as may be determined under this Act.

59.

(1) The County Education Board may, in Suspension of a consultation with the county executive committee member certificate of suspend a certificate of accreditation issued to an education accreditation.

centre for a specified period where the centre fails to comply with the standards of accreditation until the standards are met.

(2) The County Education Board shall communicate a decision made under subsection (1) to the education centre specifying the reasons for the decision, the noncompliance noted and the action required to be taken by the education centre.

47 Early Childhood Education 2021 No.3 60.

(1) The County Education Board may, in Revocation of consultation with the county executive committee member, accreditation.

revoke a certificate of accreditation granted to an education centre where such centre (a) fails to comply with a standard of accreditation; or (b) fails to correct any deficiency noted and communicated to the institution by the County Education Board.

(2) The County Education Board shall not revoke a certificate of accreditation unless it grants the education centre, a right to be heard on the revocation.

(3) An education centre whose certificate has been revoked may apply for accreditation after a period of not less than twelve months from the date of revocation of accreditation.

61.

Appeal against An education centre which is aggrieved by the decision of the decision of the County Education Board may appeal to the County Education Education Appeals Tribunal within a period of fourteen Board to revoke days from the date of the decision of the County Education accreditation.

Board.

62.

Register of (1) The County Education Board shall establish accredited and maintain a register of accredited education centres.

education centres.

(2) The register established and maintained under subsection (1) shall be open to the public for inspection.

PART VIIQUALITY ASSURANCE 63.

(1) There is established a committee known as the Quality assurance.

early childhood quality assurance committee which shall consist of (a) two persons of either gender, not being public officers, appointed by the Governor by notice in the County Gazette and who have knowledge and at least ten years' experience in matters relating to early childhood education or education quality assurance; (b) the county executive committee member responsible for education or a representative nominated by the county executive committee member in writing; 48 No.

3 Early Childhood Education 2021 (c) one public officer in the department responsible for health, nominated by the respective county executive committee member responsible for matters relating to health; one representative of the quality assurance body (d) established under the Basic Education Act; (e) one person with knowledge and experience in matters relating to education nominated by the County Education Board; and (f) one person representing persons with disabilities nominated by the National Council for Persons with Disabilities.

(2) The appointments under subsections 1(a) and 1(e) shall be for a term of three years renewable for one further term.

(3) The Committee shall at its first meeting elect a chairperson.

(4) The county executive committee member responsible for education shall establish a secretariat to support the Committee.

(5) The quality assurance committee, in consultation with the Education Standards and Quality Assurance Council, shall (a) ensure the implementation and adherence to standards and guidelines on quality assurance in education centres in the County in accordance with the national standards developed by the Education, Standards and Quality Assurance Council; ensure that the standards and quality of education (b) offered in education centres under this Act and under any other written law are adhered to and maintained; and (c) monitor and evaluate and where appropriate, make proposals for and review of the standards and guidelines on quality assurance in the county.

PART VIIISAFETY AND PROTECTION OF CHILDREN IN AN EDUCATION CENTRE (1) The board of management in each education Safety equipment.

64.

centre under this Act shall- 49 Early Childhood Education 2021 No.

3 (a) maintain premises that meet the requirements of the occupational health, safety regulations and building standards; ensure the welfare and safety of the learners, (b) teachers, non-teaching staff and other persons within the institution; and (c) put in place fire fighting equipment, first aid and other emergency equipment and non-prescription medicine as the county executive committee member may prescribe.

(2) In providing the equipment specified under subsection (1)(c), the centre shall ensure that such equipment is accessible during an emergency.

The equipment and medicine under subsection (1) (3) shall be maintained or kept by a centre in such manner as to ensure that it is out of the reach of children and ensures that the safety of the children is not compromised.

(4) The Cabinet Secretary shall prescribe minimum standards for the health and safety of learners and for a satisfactory environment for education.

65.

(1) No teacher or any staff of an education centre Prohibition of shall administer corporal punishment.

corporal punishment.

(2) A child in an education centre shall not be subject to emotional or psychological abuse.

(3) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand or to imprisonment for a term not exceeding four years, or to both.

PART IXTRANSITIONAL PROVISIONS 66.

(1) Subject to subsections (2), (3) and (6), every Existing education education centre that, immediately before the centres.

commencement of this Act, was registered as an education centre shall be deemed to be registered as an education centre under this Act, and continues to be so licensed for a period of one year after the commencement of this Act subject to such conditions of registration as may be imposed under this Act.

(2) Despite subsection (1), the County Education Board may give written notice to the registered owner of an 50 No.

3 Early Childhood Education 2021 education centre registered under subsection (1), requiring the service provider who operates that centre to apply for registration under section 14 within three months of the date of that notice, and (a) if that service provider fails to apply for registration within the specified period, the centre ceases to be registered under subsection (1) at the end of that period; or (b) if the service provider makes an application within the required period, the centre continues to be registered under subsection (1) until that application is determined.

(3) Despite subsection (1), if subsection (4) applies, the County Education Board may, by written notice to the service provider who operates an education centre that is deemed to be registered under subsection (1), declare that the centre is no longer registered under subsection (1) and the notice has effect accordingly.

(4) The County Education Board may give a notice under subsection (3) only if it is satisfied that the service provider or the centre (a) has failed to comply with this Act on the requirements of registration; or (b) fails to comply with any conditions for registration.

(5) The County Education Board may, despite the fact that the centre concerned does not meet the minimum requirements for registration under section 13 or 17, issue to the service provider operating the centre a transitional certificate in such manner as the county executive committee member may prescribe and subject to such conditions as he or she may impose.

(6) Where the County Education Board is not satisfied that the conditions specified in a certificate issued under subsection (5) are being complied with, the County Education Board may, by written notice to the service provider operating the centre, cancel the certificate.

(7) Every notice under subsection (3) or subsection (6) shall set out the reasons for the action taken.

51 2021 Early Childhood Education No.

3 (8) Subsections (1) to (6) shall not limit any powers to cancel or suspend the registration of an education centre in the manner prescribed by the county executive committee member.

67.

A person employed as an early childhood teacher Qualified persons.

at the commencement of this Act and does not possess the minimum requirements as stated under section 36(1) shall continue to qualify for employment as an early childhood teacher if that person obtains the necessary qualifications within four years of the commencement of this Act.

PART X - MISCELLANEOUS PROVISIONS 68.

(1) The Cabinet Secretary may, in consultation Regulations.

with the Council of County Governors, make regulations generally for the better carrying out of the provisions of this Act.

(2) The Cabinet Secretary shall, in consultation with the Teachers Service Commission and the Council of County Governors, prescribe minimum standards relating to schemes of service for early childhood teachers within one year of enactment of this Act.

(3) Without prejudice to the generality of subsection (1), the Cabinet Secretary may (a) prescribe minimum standards relating to the following matters (i) premises and facilities; (ii) programmes of education; (iii) prractices in relation to children's learning and development; (iv) staffing and parental or caregiver participation; (v) health and safety; (vi) implementation of the curriculum framework; (vii) communication and consultation with parents; (viii) the operation or administration of early childhood education services in a manner 52 No.

3 Early Childhood Education 2021 that ensures the health, comfort, care, education, and safety of children attending licensed early childhood services; (b) limit or regulate the numbers of children who may attend a registered education centre; (c) provide for the grant, duration, expiry, renewal, suspension, transfer, reclassification, and cancellation of registration certificates of one or more specified kinds for service providers for each kind of early childhood service; (d) prescribe the conditions subject to which such registration certificates may be granted, renewed or transferred and the fees payable in respect of the grant, renewal, and transfer of such certificates; (e) prescribe conditions governing, or that may be imposed in respect of, registered education centres and the duties of their service providers; (f) prescribe the records to be kept by education centres in respect of children attending registered centres; and (g) prescribe fees required to be paid under this Act.

(4) Regulations made under subsection (2) may prescribe different standards and other requirements (a) for early childhood services of different types or descriptions; and (b) in respect of different kinds of registrations.

(5) For the purposes of Article 94(6) of the C onstituti on (a) the authority of the Cabinet Secretary to make regulations shall be limited to bringing into effect the provisions of this Act and the fulfilment of the objectives specified under subsection (1); and (b) the principles and standards set out under the Interpretation and General Provisions Act and the Statutory Instruments Act in relation to subsidiary Cap.

2.

legislation shall apply to regulations made under this Act.

No.

23 of 2013.

A person who contravenes any provision of this General penalty.

69.

Act for which no penalty is specifically provided commits 53 2021 Early Childhood Education No.

3 an offence and is liable, on conviction, to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding one year, or to both.

The Basic Education Act is amended Amendments to 70.

No.

14 of 2013.

(a) in section 2 by (i) deleting the words "pre-primary education institutions and" and substituting therefore the words "early childhood education" in the definition of the word "basic education"; (ii) inserting the following new definition immediately after the definition of the expression "Duksi" (iii) "early childhood education" has the meaning assigned to it under the law relating to early childhood education;" (iv) deleting the definition of "pre-primary education"; (v) deleting the words "pre-primary education and substituting therefor the words "early childhood education" in the definition of "primary education"; (b) in section 4(g) by deleting the word "pre-primary" and substituting therefor the words "early childhood"; (c) in section 18(1) by deleting the word "pre- primary" and substituting therefor the words "early childhood"; (d) in section 26(1) by deleting the word "pre- primary" and substituting therefor the words "early childhood"; (e) by deleting the word "pre-primary" appearing in section 28(2) (a) and substituting therefor the words "early childhood"; (f) in section 41(1) by deleting the word "pre- primary" and substituting therefor the words "early childhood"; (g) by deleting the word "pre-primary," appearing in section 44(2) and substituting therefor the words "early childhood; 54 No.

3 Early Childhood Education 2021 (h) by deleting paragraph (a) of section 55(1); (i) by repealing section 58; and (j) by deleting the word "pre-primary" appearing in section 76(4).

55 2021 Early Childhood Education No, 3 FIRST SCHEDULE (s.

60 19) CRITERIA FOR DETERMINING THE SUITABILITY OF PREMISES FOR THE CONDUCT OP EARLY CHILDHOOD EDUCATION 1, The number of children admitted into the education centre, The size of the classrooms which shall not be less than 8m x 6m and 2.

which shall hold not more than forty children, 3.

Condition of the premises.

Adequate ventilation.

4.

5.

Lockable doors and windows and the existence of emergency exits: 6.

Ablution blocks suitable for use by children, 7.

Adequate furniture suitable for use by children, 8, Existence of play or psychomotor materials and teaching materials.

56 No.

3 Early Childhood Education 2021 SECOND SCHEDULE (s.

30) CONDUCT OF AFFAIRS OF BOARD OF MANAGEMENT OF EARLY CHILDHOOD EDUCATION CENTRE 1.

(1) The board of management shall meet at least Meeting of the once in every three months to conduct its business.

Board.

(2) The first meeting of the board shall be convened by the chairperson and the board shall meet subsequently at such a time and place as it shall determine.

(3) Notwithstanding the provisions of sub-paragraph (1), the chairperson shall, upon a written request by at least five members of the board, convene a special meeting of the board at any time where he considers it expedient for the transaction of the business of the board.

(4) The members of the board shall elect a vice- chairperson from among themselves (a) at the first sitting of the board; and (b) whenever it is necessary to fill the vacancy in the office of the vice-chairperson.

(5) A meeting shall be presided over by the chairperson or in his absence by the vice-chairperson.

(6) The board may invite any person to attend any of its meetings and to participate in its deliberations, but such person shall not have a vote in any decision of the board.

(7) The proceedings of the board shall not be invalidated by reason of a vacancy within its membership.

2.

(1) Subject to sub-paragraph (2), the quorum of a Quorum.

meeting the board shall not be less than half of the members.

(2) Where there is a vacancy in the board, the quorum of the meeting shall not be less than three appointed members.

(3) Unless a unanimous decision is reached, a decision 57 2021 Early Childhood Education No.

3 on any matter before the board shall be by a simple majority of the votes of the members present and voting and in the case of an equality of votes, the chairperson or person presiding over the meeting shall have a casting vote.

3.

(1) A member of the board who has a direct or Conflict of indirect personal interest in any matter being considered or interest.

to be considered by the board shall, upon the relevant facts concerning the matter having come to his knowledge, disclose the nature of his interest to the board.

(2) A disclosure of interest made by a member of the board under sub-section (1) shall be recorded in the minutes of the meeting of the board and the member shall not, unless the board otherwise determines be present during the deliberation on the matter by (a) the board; or take part in the decision of the board on the matter.

(b) (3) A member of the board who makes a disclosure under sub-section (1) shall not (a) be present in the meeting of the board held to determine whether or not the member should take part in the deliberations or decision of the board in relation to the matter; or (b) influence any other member of the board in arriving at a particular decision in relation to the matter.

(4) No member of the board shall transact any business or trade with the education centre.

4.

(1) Subject to provisions of this Schedule, the board Rules of Procedure and may determine its own procedure and the procedure for any minutes.

committee of the board.

(2) The board shall cause the minutes of all proceedings of its meetings to be, recorded and kept, and the minutes of each meeting shall be confirmed by the board at the next meeting of the board and signed by the chairperson or the person presiding at the meeting.

.