EDUCATION ACT

CHAPTER 605

EDUCATION ACT

AN ACT to reform the law relating to education in Malta.

1st January, 2021 *

1st October, 2021 †

1st March, 2022 ‡

ACT XXIX of 2019.

The short title of this Act is the Education Act.

(Articles 2 and 11)

Departments of Education

Department for

Curriculum,

Lifelong

Learning

&

Employability;

Department for Educational Services;

Strategy and Support Department.

In this Act unless the contents otherwise requires

"accreditation" means the formal approval by the competent

authority under this Act or any regulations made thereunder, that the

suitability for the operation of a school and, or a childcare centre or an

educational programme is meeting the criteria to operate in line with

quality standards and in accordance with the relevant provisions of

this Act and, or any regulations made thereunder;

"Board", expect where otherwise defined, means the Board for

Educational Matters established by article 64;

"childcare centre" means an institution providing education and

care services to children aged one (1) day to three (3) years;

"College" means a College of State schools as provided for in

*See Legal Notices 30 of 2021 and 31 of 2021.

†See Legal Notice 374 of 2021.

‡See Legal Notice 479 of 2021.

Part IV;

"compulsory school age" means any age from five (5) years to

fifteen (15) years, both inclusive, and accordingly a person shall be

deemed to be of compulsory school age if he has attained the age of

five (5) years and has not attained the age of sixteen (16) years or has

not yet completed the last year of secondary school;

"curriculum" means the National Curriculum Framework for all

schools at pre-compulsory and compulsory educational level;

"Department" means any department listed in the Schedule;

"Director General" means a director general of a Department of

Education appointed in terms of article 13;

"Division" means the Division responsible for education

established by article 11(1);

"educational space" means any location where students attend

any educational programme or part thereof, given by an educational

practitioner and, or institution;

"educator" means, for the purposes of this Act, heads of

departments, heads of schools, assistant heads of schools, education

officers, teachers, kindergarten educators and learning support

educators;

"employment" includes employment in any labour or work

exercised by way of trade or for gain, whether the gain be to the

person employed or to any other person, and whether the labour or

work is done for wages or other compensation or not, and "to employ"

shall be construed accordingly;

"entity" includes a division, a college and any directorate,

agency or other organisation as may be established by virtue of this

Act or regulations made thereunder, or under any other law, and

"entities" shall be construed accordingly;

"financial year" means the period of twelve (12) months ending

on the thirty-first (31) of December of any year

Provided that for the purposes of this Act the first

financial year in respect of any entity shall consist of the period which

starts running on the date of the coming into force of the relative

articles of this Act relating to such entity, and ending on the thirty-first

(31) day of December of the following year;

"function" includes any responsibility, power and duty;

"general estimates" means the estimates, presented to the House

in respect of any financial year, of the expenditure for the service of

that financial year and includes any supplementary estimates of

expenditure for which it may be necessary to provide after those

estimates have been presented to the House and in this context

"financial year" has the same meaning as it has for the purpose of the

Constitution;

"Government" means the Government of Malta;

"Head of College Network" means the natural person to run and

administer a College in accordance with article 32(2);

"home educator" means any person, including the parent of a

child, in possession of a teachers’ warrant issued under article 11 of

the Teaching and Allied Professions Act who is duly authorised to

provide home education to a child in accordance with the provisions

of Part III;

"home education" means the progressive education of a minor

provided or organised by his parent whereby a home educator

provides tuition to the minor, at the expense of the parent, in

substitution to state or non-state education in accordance with the

provisions of Part III and any regulations made under this Act, and

"home education programme" shall be construed accordingly;

"individual needs" means needs and any difficulties of a

physical, sensory, intellectual or psycho-social nature;

"inclusive education" refers to the valuing and acceptance of

diversity and the rights of learners to not only attend mainstream

schools, but also to belong thereto as valued members by active

participation of all learners in and reducing the barriers that may lead

to exclusion from school curricula, cultures and community;

"kindergarten" means an institution providing education to

children aged three (3) to five (5) years;

"licence holder" means the person in whose name a licence is

issued;

"licensed school" means a school which has been granted a

licence to operate in accordance with the relevant provisions of this

Act and, or any regulations made thereunder;

"lifelong learning" includes all kind of learning activities that

an individual undertakes throughout life, with the aim of acquiring

and improving attitudes, values, knowledge, skills and competences,

and acquiring qualifications that enhance an individual’s personal and

social dimension as well as the prospects of a better career;

"Malta Qualifications Framework" means the national

framework for lifelong learning, being the national instrument for the

development and classification of qualifications according to a set of

criteria, established through descriptors and applicable to a different

set of levels, as provided by this Act or any regulation made under this

Act or any other law;

"Minister" means the Minister responsible for education, and

includes, within the limits of any given authority, any person who is

specifically authorised by the Minister for any of the purposes of this

Act, and "Ministry" shall be construed accordingly;

"national minimum conditions" means the national minimum

conditions for all schools referred to in article 5;

"officer" and "employee" include a public officer who is

engaged to perform duties with any entity established under this Act;

"parent" means the father or the mother and includes any

person who has the care and custody, whether legal or actual, of a

child;

"prescribed" means prescribed by any regulation, statute, rule

or bye-law;

"public officer" has the same meaning as is given to it by article

124 of the Constitution;

"quality assurance" refers to one or more processes which

safeguard the quality of education at all levels within the economic,

social and cultural context, on a national, European and international

level, and ensures the use of appropriate measures as a means of

improving the quality of students’ well being, leadership, teaching,

learning, training and research;

"quality standards" means the details of the expectations, the

various guidelines and characteristics to be able to meet structure,

process and outcomes quality by the service provision in order to meet

the purpose of the process or service;

"remuneration" includes compensation in any form whether in

money or in kind;

"scholastic day" means every day during a scholastic year not

being a school holiday or a public holiday;

"scholastic year" means that period determined as the scholastic

year in the national minimum conditions;

"school" means an institution the resources of which, both of

persons and of things, are ordained towards the promotion of the

education and training of other persons through the dissemination of

knowledge, and shall include a school providing kindergarten

education;

"student" means a minor of pre-compulsory and compulsory

school age enrolled in a childcare centre or a school.

PART I

General Provisions

Every person of a compulsory school age residing in

Malta has the right of access to education without any distinction of

age, sex, religion or belief, economic means, race or ethnic origin,

political opinion, disability, colour, sexual orientation or gender

identity.

(1)

It is the duty of the State -

(a)

to promote education in Malta based on the

values of democracy, inclusion, diversity, active citizenship,

critical thinking, responsible behaviour and ethical conduct;

and

(b)

to ensure the existence of a system of schools and

other educational institutions in Malta catering for the full

development of the whole personality and overall well-being of

the person including his ability to work.

(2)

In particular, it shall be the duty of the State -

(a)

to develop and implement an education policy

based on the values set out in sub-article (1);

(b)

to establish such educational facilities as are

necessary to equip students with the knowledge, skills and

competencies required to make the most of global opportunities

and to deal with the challenges of society and the economy of

today and tomorrow;

(c)

to ensure the teaching of the core curricular

entitlement as established in the National Curriculum

Framework;

(d)

to ensure that there exist early childhood

education and care centres;

(e)

to provide

for

education

of

children

of

compulsory school age;

(f)

to ensure the provision of post-compulsory and

tertiary education for students who have completed their

secondary education;

(g)

to promote the teaching of the liberal and

expressive arts, science, languages, technology, vocational

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education, personal development, life skills and sports among

all students.

It shall be the right of the State -

(a)

to implement the Framework for the Education

Strategy for Malta;

(b)

to implement the National Curriculum

Framework of studies for all schools at pre-compulsory and

compulsory education level and the national minimum

conditions for all schools;

(c)

to establish the national minimum conditions for

all schools and ensure adherence by licence holders to such

conditions;

(d)

to secure compliance

with

the

National

Curriculum Framework of studies; and

(e)

to ensure the provision of quality inclusive and

equitable education by all providers in the education sector

Provided that, without prejudice to the above-mentioned

rights of the State, the State recognises the right of non-state schools

to have their own character, identity, ethos, and autonomy.

It shall be the duty of every parent of a minor -

(a)

to ensure that the minor receives all the necessary

education for the development of the whole of his personality,

including his ability to work and be an active citizen;

(b)

to ensure the motivation of the minor for

education;

(c)

to ensure his disposition for good behaviour and

discipline;

(d)

to cause the minor to be registered in a school for

the first scholastic year and during the period when he is of

compulsory school age, provided that the Minister may, by

regulations, make provision for special cases, including where

the minor was not residing in the Maltese islands;

(e)

to ensure that the minor attends school on each

scholastic day during all the period of compulsory school age,

or up to the end of such further period as the Minister may

prescribe by regulations, unless the minor has a good and

sufficient cause to be absent from school;

(f)

to cooperate fully and with due respect with the

Head of School and all the staff of the school attended by the

minor; and

(g)

to adhere to policies issued by the Division, the

College and the school.

Subject to the provisions of this Act, it is the right of

every parent of a minor to give his decision with regard to any matter

concerning the education of the minor, provided that such decision is

in the best interests of the minor in accordance with article 8(1).

(1)

Decisions with regard to matters concerning the

education of a minor shall be based primarily on the best educational

interests of the minor with due regard to the interests of other students

attending the same school as the minor and the continued effective and

efficient operation of the school

Provided that the Board shall, in its decisions, ensure that

due regard is given to the principles established in article 4(1)(a).

(2) Where the Head of School of a State school, through the

Head of College Network within which a minor is registered, believes

that the decision of the minor’s parent or parents with regard to any

matter concerning the education of the minor is not in accordance with

the principle set out in sub-article (1), he shall forthwith bring the

matter to the attention of the Division

Provided that all reasonable solutions, if applicable, have

been considered and attempted in such case, the Division may, if it

considers it appropriate to do so taking into account the circumstances

of the case, make an application to the Board for a decision on the

matter.

(3) The Board shall, after giving the Division and the parents

of the minor the opportunity to make their submissions in such manner

and within such time as may be fixed by the Board, and after listening

to the minor and any other person, give a decision on the matter.

(4) An application may also be made to the Board by any

parent for a decision with regard to any matter concerning the

education of the minor where it is not possible to obtain the consent of

the other parent of the minor or where there is disagreement amongst

the parents of the minor on any matter concerning the education of the

minor. The Board shall, after giving the parents of the minor the

opportunity to make their submissions in such manner and within such

time as may be fixed by the Board, and, if it considers so appropriate,

after listening to the minor and any other person, give a decision on

the matter

Provided that where the whereabouts of a parent are not

known, it shall not be required to allow such parent the opportunity to

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make submissions.

(5) The Head of School and the parents of the minor shall

ensure that the decision of the Board is implemented.

(6) Should there be a change in circumstances, the parents

and, or the Head of School may refer the case to the Board for review.

It shall be the duty of schools -

(a)

to accomplish the education strategy for Malta

and the National Curriculum Framework according to the

potential and the various skills of students attending thereat and

according to the ethos, identity and character of the particular

school, and to ensure that the National Curriculum Framework

is translated into appropriate curricula, programmes,

pedagogies and assessments for the students through an

adequate school development plan and that these are

implemented;

(b)

to secure and ensure compliance with the

national minimum conditions established for schools;

(c)

to establish a culture of lifelong learning and

conducive conditions for effective quality teaching and

learning based on the values set out in article 4(1);

(d)

to promote high standards of learning and

teaching in collaboration with educators, learners and parents’

committees in a spirit of collective responsibility;

(e)

to encourage student involvement and active

participation;

(f)

to establish a safe and inclusive learning

environment;

(g)

to ensure good conduct from any person within

the school premises;

(h)

to ensure the use of positive discipline;

(i)

to self evaluate, consult and engage in dialogue

to identify the needs of educators, learners and parents through

student centred approaches for the purposes of school

development planning;

(j)

to establish good leadership and management and

to promote a team culture among the school’s senior

management team and staff through cooperation, especially

with regards to initiatives, challenges and problems related to

the school as a whole;

(k)

to promote

the

continuous

professional

development of educators;

(l)

to establish a culture conducive to an effective

home-school partnership; and

(m)

to develop an active role within the community,

and encourage community involvement and participation.

Wherever under the provisions of this Act a right or a

duty is vested in or imposed on the State, that right or duty shall be

exercised or fulfilled by the Minister.

PART II

Constitution and Functions of the Division of Education

(1)

There shall be a Division of Education,

composed of Departments which shall be listed in the Schedule, as the

Minister may determine from time to time.

(2) The Minister may amend the said Schedule and establish

or remove any Department as he may deem necessary by means of an

Order in the Gazette.

(3) Without prejudice to the provisions of this Act, each

Department shall be under the responsibility, guidance and

administration of a Director General who shall be responsible for the

executive management, administration and administrative control of

the officers and employees of the Division.

(4) The functions of the Division are to be performed in such

manner as shall be determined by the Minister, as he deems

appropriate, from time to time.

(1)

The functions of the Division of Education shall

include the following

(a)

to implement any matter required to achieve the

objectives and execute the duties of the State under articles 4

and 5, under the general direction of the Minister;

(b)

to ensure that all children of a compulsory school

age are registered and duly attending school;

(c)

to regulate, establish, monitor and assure

standards and quality in the programmes and educational

services provided by schools in Malta, whether State schools or

not; and

(d)

to ensure the effective and efficient operation and

delivery of services to State schools within an established

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framework of decentralisation and autonomy.

(2)

In particular the Division of Education shall

(a)

generally regulate, guide, evaluate, verify,

research and report on the various elements and the results of

the pre-compulsory and compulsory education system with the

aim of assuring quality and equitable education for all and in

order to promote good practices in all activities related to such

education in a national curricular framework of lifelong

learning;

(b)

establish and periodically review standards and

policies in full respect of the character, identity and autonomy

of each school;

(c)

periodically review the National Curriculum

Framework and propose to the Minister any necessary changes

thereto;

(d)

provide the required guidelines, among other

things, for the better implementation of the education policy

and services, including each school’s development plan, the

syllabi, the establishment of standards, performance

assessment, and examinations;

(e)

perform external reviews in complement to the

internal review so as to provide guidance, monitoring,

inspection, evaluation and reporting on educational leadership,

the process of teaching and learning, the application of the

curriculum, student well-being, learning and assessment

programmes or syllabi, pedagogy, assessment and

examinations in full respect of the character, identity and

autonomy of the school;

(f)

be responsible for the compliance with and

implementation of the provisions of laws and regulations

dealing with matters relating to education;

(g)

receive and process applications for the issuing

of a licence for the opening of childcare centre and, or a school;

(h)

ensure that the national minimum conditions for

all schools are being constantly observed and investigate and

take all necessary steps required on any matter about which the

relevant department may consider the suspension or the

withdrawal of a school licence, and take decisions concerning

the suspension or the withdrawal of a school licence;

(i)

receive, consider and decide upon applications of

parents who wish to provide home education to their children

by a duly warranted teacher, which warrant shall have been

issued under article 11 of the Teaching and Allied Professions

Act in lieu of education provided by a school;

(j)

impose any such conditions as it may deem

reasonable and appropriate when acceding to such applications

as referred to in paragraph (i);

(k)

monitor all authorised home education programs

and ensure that the quality of education offered in such

programmes is of an adequate standard;

(l)

ensure that all conditions imposed as referred to

in paragraph (j) are being adhered to;

(m)

authorize any such person in possession of the

necessary qualifications to act as home educator;

(n)

provide guidelines for the proper implementation

of home education programmes and the procedures to be

followed;

(o)

regulate, as it deems appropriate, the use of

sports facilities, laboratories, workshops and other ancillary

facilities of school complexes and colleges as may be offered to

home schooled students;

(p)

provide accreditation for education until

compulsory school age up to level three (3) of the Malta

Qualifications Framework;

(q)

ensure that all information, data and statistics

required for the drafting, the planning and the implementation

of policy, strategies, guidelines and directives in education are

researched, collated, compiled, and analysed, and, subject to

any other law, take all necessary steps so that these may be

accessible to whosoever is involved and who may have an

interest;

(r)

plan, provide and allocate the resources, human

and otherwise, services, and learning tools, both of a

pedagogical, psychosocial, managerial and operative nature

and other ancillary support tools, as required in State schools

and State educational institutions;

(s)

promote, encourage and monitor the democratic

governance of schools through School Councils with the active

participation of parents, educators and students;

(t)

promote, support, coordinate and ensure lifelong

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learning services and initiatives, including educational and

cultural initiatives within the community, e-learning and

distance learning, adult education, evening classes and other

initiatives relating to complementary education and services for

persons having specific learning difficulties;

(u)

provide the resources required for inclusive and

special educational programmes and for other schemes related

to individual educational needs;

(v)

ensure the supply and the coordination of

vocational and career guidance services, including the

implementation of programmes with the social partners and

civil society aimed at achieving improved school-workplace

congruence and assist in the transition stages, including those

from school to work;

(w)

ensure the provision of services required to

generate a culture of respect for all and to deal effectively with

issues of good conduct and discipline, of child abuse, of

bullying and of substance abuse;

(x)

promote the physical and mental health of

students through health information and promotion, medical

screening services and healthy lifestyle programmes;

(y)

administer State aid to non-State schools;

(z)

sustain an effective dialogue with whosoever is

involved in the educational system and aim for the widest

consensus possible about any matter which may be relevant to

education;

(aa)

cooperate with local and foreign institutions, and

encourage and facilitate a better participation in programmes,

scholarships, and the international exchange of students and

personnel, particularly in the institutions and programmes of

the European Union;

(ab)

prepare any required guidelines, statistics, or

strategy as may be required by the Minister for the better

implementation of education policy and provision of

educational services;

(ac)

generally give advice to the Minister on any

matter relating to education and perform any other function that

the Minister may from time to time assign to the Division;

(ad)

implement any matter required for the proper

execution of any provision of this Act; and

(ae)

carry out any other function as may be necessary

for the attainment of the objectives and the fulfilment of the

duties pertaining to the State as provided for by this Act.

The Directors General of the departments of Education

shall be appointed by the Prime Minister for a period of three (3) years

under such terms and conditions as may be stated in the letter of

appointment. The appointment of a Director General shall be made

after a call for which there may apply such persons who have the

qualifications, the educational experience and the qualities necessary

for the management of these departments. When a term of office

expires, such person may be reappointed for a further period or

periods.

(1)

Without prejudice to the generality of the power

conferred in this article and the data protection provisions established

by virtue of the Data Protection Act and Regulation (EU) 2016/679 of

the European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of personal

data and on the free movement of such data, the Division of Education

may request, collect and verify any information, data and statistics, as

may be required for the performance of its functions.

(2) The Division of Education shall have access to all

information which schools, State and non-State, may possess, and

shall be entitled to request and obtain all data they may require to

perform its functions from students, parents, personnel, and

examination bodies, and this data shall be given to the Division within

a reasonable time from the date of request.

(3) Without prejudice to the generality of the power

conferred in this article and the data protection provisions established

by virtue of the Data Protection Act and Regulation (EU) 2016/679 of

the European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of personal

data and on the free movement of such data, the Division shall have

access to other statistics and data of personal, economic and social

nature as required in order that it may perform its functions according

to this Act.

The Division of Education shall have such education

officers and other officers within each of its departments as are

necessary for the execution of the functions of the Division and for the

general implementation of this Act or of any regulations made

thereunder.

(1)

There shall be a Department which shall be

responsible to regulate pre-compulsory and compulsory education

through establishing, monitoring and assuring standards and quality in

educational services and programmes provided by schools and

childcare centres, whether State or not, as provided for in this Act and

any regulations made thereunder. In particular this Department shall

carry out the functions referred to in article 12(2)(a) to (p).

(2) This Department shall be independent and autonomous

in its operation.

(3) The Department may, for the purposes of giving practical

guidance on matters relating to inspections under article 17 and

investigations under article 18 and to lay out practices with respect to

those matters, from time to time prepare, approve and issue such codes

of practice as in its opinion are suitable for those purposes.

(1)

Duly authorised officers of the Division shall

have the power to enter at any time, without prior notice, in any

school, childcare centre, class or place of instruction, and inspect and

report on the teaching and learning process, educational leadership,

learning and assessment programmes, student well-being, the physical

environment, and the observance of the conditions, standards, policies

and regulations established and made by virtue of this Act.

(2) Schools, childcare centres and home educators shall

provide any information and access requested by these officers as they

may deem necessary for the implementation of the functions of the

Division.

Without prejudice to the provisions of this Act, the

Division may investigate a complaint if it deems it appropriate to do

so, in accordance with prescribed regulations.

(1)

If the Division so requests for the purposes of an

investigation of the complaint, the licence holder to which the

complaint relates must provide it with -

(a)

such information held by the licence holder as

may be specified or described in the Division’s request, and

(b)

such other information held by the licence holder

as the Division may deem to be relevant to the investigation.

(2) In carrying out any investigation, the Division shall

establish its own procedure and licence holders shall be bound to

cooperate in any such investigation.

Where the Division has found the licence holder to be in

breach of any regulations or has been issued with recommendations as

a result of any investigation and, or as a result of a quality assurance

process, the licence holder must prepare an action plan which shall

include a written statement of the action which it proposes to take in

the light of the report, and the period within which it proposes to take

that action. Such action plan is to be approved by the Division, which

shall ensure that the action plan is implemented within the established

period. The Division shall have the power to take any reasonable

action it deems fit in cases of failure to implement such action plan.

PART III

Licences to establish Schools, Childcare Centres

and to provide home education

(1)

It shall not be lawful to establish and, or run a

school, a childcare centre or to provide home education without a

valid licence issued by the Division in accordance with the following

provisions

Provided that a licence under this Part shall not be

required in the each of the following cases

(a)

by a provider offering further or higher education

as defined in the Further and Higher Education Act, 2019; or

2019. (b)

where a licence is to be obtained from any other

body so authorised by law.

(1)

Any person shall have the right to apply to the

Division for the grant of a licence to establish and run a school, a

childcare centre or to provide home education.

(2) The Division, acting upon the recommendation of the

Department referred to in article 16, may grant the licence mentioned

in sub-article (1) where the school, childcare centre and home

education conforms with the prescribed conditions and the Division

deems the grant of the licence to be in the public interest

Provided that a licence shall be granted if the

Government is bound to do so by an international agreement and the

school conforms with the national minimum conditions

Provided further that where an applicant for a licence is

already licensed or otherwise legally established in a Member State,

the Division, in compliance with Directive 2006/123 of the European

Parliament and of the Council of 12 December, 2006 on services in

the internal market, shall not duplicate requirements or controls which

are equivalent or essentially comparable as regards their purpose to

which the applicant may already be subject to in another Member

State.

The granting of a licence is a concession and a revocable

privilege, and no holder thereof shall be deemed to have acquired any

vested rights therein or thereunder. The burden of proving the licence

holder’s qualifications to hold a licence shall rest at all times on the

licence holder. In this article, "licence" includes and applies to any

licence and authorisation, however designated, issued by the Division.

(1)

Where it deems it to be in the public interest, the

Division may grant a temporary licence to a school or a childcare

centre for a period of up to one year. Such temporary licence shall be

subject to specific conditions which are required to be fulfilled until

the expiration of such period in order to lead to eligibility for an

application for a licence under article 21.

(2) A temporary licence may only be further extended for

not more than three (3) consecutive years.

(3) Where the school or the childcare centre is granted a

temporary licence for the third year, the licence holder shall

communicate immediately this information to the parents and, or

students, as the case may be, and staff members.

(1)

Where the applicant for a licence to establish a

school or a childcare centre is a body corporate, a copy of the statute is

to be submitted with the application for a licence.

(2) The applicant for a licence shall indicate in the

application the particulars of the designated person and whether the

licence is to be granted in the name of the designated person in his

personal capacity or in representation of a body corporate, institution

or religious order

Provided that the licence for State schools shall be

granted in the name of the Director General responsible for such.

(3) The applicant for a licence shall also provide the

Division with all documentation and information required by the

Division in order to consider the application.

(1)

In the case of a school or a childcare centre, any

licence granted under the provisions of this Part shall be in the name

of the designated person in his personal capacity or in representation

of a body corporate, institution or religious order, as the case may be.

(2) The designated person in whose name a licence is

granted shall be personally responsible to ensure that all the

obligations attached to that licence are observed at all times whether

that licence has been granted in his name personally or in

representation of a body corporate, institution or religious order.

(3) The licence holder in whose name a licence is issued to

provide home education, as defined in article 2, shall be personally

responsible to ensure that all the obligations attached to that licence

are observed at all times.

The decision of the Division to grant or to refuse an

application for a licence shall be notified in writing to the applicant

within three (3) months from the date the application was received by

the responsible department. A decision to refuse an application for a

licence shall be accompanied with the reasons for refusal. Failure to

notify the applicant about the decision regarding an application for a

licence within the time established in this article shall, for reasons of

public interest, be deemed to be a refusal of the licence applied for

Provided that an application for a licence shall not be

deemed to have been filed by an applicant unless it is duly filled in

and accompanied with all required information and documentation

Provided further that an application shall not be deemed

to have been submitted by the Catholic Church if such application is

not signed by the Bishops in Ordinary of these Islands or authorised

by them in writing.

(1)

Where the designated person in whose name a

licence is issued in accordance with article 26(1) ceases to be the

designated person for any reason whatsoever, the following provisions

of this sub-article shall apply

(a)

where the licence is in the name of that

designated person in his personal capacity, a fresh application

for a licence shall be made;

(b)

where the licence is in the name of that

designated person in representation of a body of persons, that

body shall without delay give notice in writing to the Division

of the change in that office and submit the particulars of the

person who has assumed that office and thereafter the licence

shall be deemed to be in the name of that person in

representation of that body of persons.

(2) Where no application as required by sub-article (1)(a) or

no notice as required by sub-article (1)(b) is made or given within

three (3) months from the date on which the designated person in

whose name the licence was issued ceases to hold that office, that

licence shall be deemed to have been cancelled on the date of the lapse

of that period of three (3) months.

(1)

The Division, acting upon the recommendation

of the Department referred to in article 16, may suspend a licence

issued in accordance with article 22(2) or a temporary licence issued

in accordance with article 24(1) if the school does not conform with

the national minimum conditions or any condition imposed by the

Department, or is otherwise in breach of applicable legislation.

(2) Where the reason of the suspension is not remedied by

the licence holder within a period of three (3) months from the date of

suspension of the licence, the Division may proceed to withdraw the

licence.

(1)

When an application for a school licence has

been refused or is deemed to be refused in accordance with article 27

or where a school licence is suspended or cancelled, the applicant or

licence holder may appeal to the Administrative Review Tribunal in

accordance with the provisions of the Administrative Justice Act and

any applicable regulations made thereunder.

(2) An appeal under sub-article (1) shall be made in writing

within two (2) months from the date on which the decision refusing

the application or the decision suspending or withdrawing the licence

was notified to the applicant or from the date of the lapse of the period

of three (3) months mentioned in article 29(2), as the case may be.

(3) Notwithstanding that an appeal would have been lodged

in accordance with this article, a licence shall be considered as having

been suspended or cancelled, as the case may be, pending the final

decision of any appeal that may be made from the decision of the

Administrative Review Tribunal in accordance with the provisions of

the Administrative Justice Act or any applicable regulations made

thereunder.

The Division shall keep a register containing the details

of every school, childcare centres and home educators with a licence

issued under this Act.

PART IV

State Schools

(1)

With the aim of ensuring the existence of a

system of schools to secure the objectives set out in article 4, the

Minister shall establish such State Schools in Malta and Gozo as the

Minister may deem necessary from time to time. Each State School

shall be under the responsibility, guidance and administration of a

Head of School.

(2) With the aim of enhancing co-operation and networking

among State schools, the Minister may also establish such State

Colleges in Malta and Gozo as the Minister may deem necessary from

time to time. State Colleges shall be composed of those State Schools

as the Minister may direct from time to time. Every State College shall

have a Head of College Network who shall be responsible for the co-

operation and networking among State Schools forming part of the

College.

(3) With the aim of offering specialisation in particular

subjects, the Minister may also establish such cluster of colleges as

may be deemed necessary from time to time. The cluster of colleges

shall be composed of a group of colleges as the Minister may direct

from time to time.

(4) The legal and judicial representation of State schools

shall vest in the Director General responsible for State schools,

provided that such Director General may appoint any one or more of

the officers or employees, to appear on his behalf and in his name in

any judicial proceedings and on any deed, contract, instrument or

other document of whatsoever nature.

(1)

The Minister and the Division of Education shall

promote the application of the principle of subsidiarity and self-

governance in the management and administration of State Schools,

within a framework of decentralisation and autonomy of the

educational operation and services provided by schools according to

the priorities, targets and national strategies adopted by the

Government.

(2) Nothing in this Act shall be construed as preventing the

Minister, for the purpose of implementing the principle of subsidiarity

and self-governance in the management and administration of State

Schools, from delegating or assigning any of the functions of the

Division of Education to the Schools or Colleges established under

this Part.

(1)

The school development plan shall be the main

educational policy and implementation tool and shall, in particular,

aim to facilitate the implementation and pursuance of the learning

outcomes’ framework in view of the differing contexts of every school

and the particular needs of its students.

(2) The school development plan shall be for a period

established by the Division and it shall be prepared by the Head of

School through a ‘whole school’ approach.

(3) The Head of School shall review the implementation of

the school development plan on an annual basis.

(1)

The college development plan shall seek to

secure synergy among the schools forming part of the College and that

national policies on matters of education are followed and

implemented. The college development plan is to include a business

plan for the different schools forming part of the College based on the

ethos, challenges and necessities of each school.

(2) The college development plan shall be for a three (3)

year period. It shall be prepared by the Head of College Network

together with the Heads of the Schools forming part of the College.

(3) The Head of College Network, together with the Heads of

Schools, shall review the implementation of the college development

plan on an annual basis.

(1)

In addition to the duties of schools referred to in

article 9, it shall be the function of each State School

(a)

to identify and equitably provide learning and

assisted programmes for all students;

(b)

to ensure that the national policy on inclusive

education is being applied and that the resources, tools and

facilities required are available;

EDUCATION

(c)

to ensure

the

prompt and effective

implementation of such other functions as may be assigned by

the Minister from time to time;

(d)

to abide by the financial and procurement

regulations and procedures; and

(e)

to maximise school and human resources.

(2)

It shall be the function of each State College

(a)

to ensure networking and coordination among the

schools forming part of the College;

(b)

to facilitate the implementation of the duties of

the State set out in article 4;

(c)

to ensure collaboration with State Schools

pertaining to other Colleges;

(d)

to establish association agreements with other

institutions and organisations which are conducive to learning

in its broadest sense and which may assist to equip students

with the knowledge, skills, competencies and values required

for active citizenship, employability and entrepreneurship; and

(e)

to ensure

the

prompt and effective

implementation of such other function as may be assigned by

the Minister from time to time.

(1)

Every State School shall have a Head of School

who shall be responsible for decisions concerning educational matters

within the school and report to the Head of College Network.

(2) Every State College shall have a Head of College

Network who shall be responsible to the Director General who is

assigned the general responsibility for State Schools as regards the

performance of his functions.

It shall be the duty of every Head of School to ensure that

the functions of the school as provided for in article 36(1) are being

accomplished. The core role of the Head of School shall be to

(a)

promote, implement and pursue the mission of

the school in providing a high quality inclusive education for

all students;

(b)

provide strategic and instructional leadership and

direction to school staff and the overall day-to-day

management of the school;

(c)

assume a leading role in organizing and

coordinating all activities related to curriculum delivery and

development; and

(d)

perform such other function as may be assigned

by the Division from time to time.

(1)

There shall be an officer who shall be referred to

as Head of College Network to carry out the functions set in this

article.

(2) It shall be the duty of every officer described in sub-

article (1) to ensure that the functions of the College as provided for in

article 36(2) are being accomplished. The core role of the Head of

College Network shall be to coordinate, facilitate and promote

(a)

cooperation and collaboration in all educational

spheres among the schools within the College, thereby allowing

synergy to take place;

(b)

networking among all educators to share,

improve and enhance good practices and thereby strengthen

collegiality;

(c)

opportunities for continued professional training

and development of all staff; and

(d)

outreach initiatives that make possible synergies

with the community (social, civil, and economic).

(1)

State Schools shall seek to create partnerships

with non-State colleges or schools in Malta and in other countries and

any other entity and may conclude agreements of collaboration in

favour of the education of students.

(2) Such partnership agreements shall provide for

opportunities of collaboration, the use and sharing of resources, and

exchanges of experience, good practice and educational programmes.

(1)

The Head of School may enter into agreements of

a limited duration with third parties, for such consideration as he

deems appropriate, for the use of the premises and facilities of State

Schools, or part thereof, as learning centres, or centres for the pursuit

of activities of physical exercise and sports education, or for cultural

activities of arts, music and drama, or for such other similar activities

in accordance with policies set out by the Division of Education

Provided that

(a)

such activities shall not cause interference with

teaching and education of the students of State Schools; and

(b)

priority shall always be given to the use of State

Schools by the Government for such activities as the

Government considers appropriate.

(2) The Head of School shall enter into such agreements as

provided for in sub-article (1) according to policies established by that

department responsible for school premises.

(3) Where authorisation is granted as provided in sub-article

(2), the provisions of the Government Lands Act shall not apply

Provided that the agreement shall not confer any real

rights to third parties.

(4) Any income obtained from an agreement as is referred to

in sub-article (1) shall belong to the school.

(5) The Minister may give such directives or make such

regulations as he considers appropriate in connection with the use of

the premises and facilities of State Schools by third parties, including

the conditions under which rights of use may be granted, and the use

which is to be made of any proceeds generated by a school from the

agreements referred to in sub-article (1).

Every State School, whether it is a school forming part of

a College or not, shall have a School Council which shall be

composed of parents and educators, and a Students’ Council which

shall be composed and selected and which shall have the functions,

duties, powers and procedures such as the Minister may from time to

time establish by means of regulations.

(1)

Subject to the provisions of this Act, the Head of

School and the teaching and non-teaching staff of a school, including

whosoever directly or indirectly is involved in the educational process

of students in the school, shall be responsible to ensure the

maintenance of good behaviour by the students and for the keeping of

positive discipline in the school.

(2) The Minister may, from time to time, make such

regulations or issue such policies or directives as he considers

appropriate, including a code of discipline, to ensure that good

behaviour and discipline is maintained in State Schools. Such

regulations, policies or directives may also make provision for the

suspension and the exclusion of students from the class and the school

as part of a process of discipline and reintegration, for the means of

making an appeal and for the reconsideration of decisions on

discipline taken by competent authorities, for the implementation by

schools of the code of discipline, and for any other matter ancillary

thereto as may be required.

(3) Subject to the provisions of this Act or of any other law,

the regulations and the code of discipline mentioned in sub-article (2)

shall include provisions about the conduct and the discipline required

from educators, other school staff, parents and visitors to a school.

(4) In line with applicable policies and codes of behaviour a

student may be kept in detention.

(5) Where a student’s behaviour is violent or aggressive and

endangers his own safety or that of another student or a person

working at the school, a teacher or other person working in the school,

the school may take such measures which are reasonable,

proportionate and necessary in the circumstances to avert such danger

in accordance with applicable policies and codes of behaviour. The

Division shall endeavour to provide the school staff with the relevant

training for this purpose.

(1)

The Minister may make regulations, issue

policies and give directives, as he deems appropriate, to reach out to

all children entitled to attend school, including for the establishment

of alternative learning programmes, educational spaces, nurture

groups and learning support zones in the school and of learning

support centres and resource centres outside the school, for the

transfer of students from the class and the school to these zones and

centres, and for any other matter ancillary thereto as may be required.

(2) The Minister may make regulations, issue policies and

give directives as may in his opinion be required to provide students

with additional support needs, including the multi-disciplinary

assessment of their condition, the process of statementing, the

formulating and the application of an individual educational

programme, accessible assessment, tests and examinations of

concerned students, the programmes in resource centres, the

application of therapies and, or the giving of medicines as prescribed

by competent professional persons according to any law in force to

students while at a school or centre, means for the reconsideration of

and appeals from decisions on an application for the statementing of a

student, and on any other matter ancillary thereto as may be required.

(1)

The State shall make provision for the education

and teaching of the catholic religion in State schools for those students

whose parents have chosen to instruct the children in such religion and

to establish the curriculum for the education and teaching of this

religion in those schools according to the dispositions in this regard of

the Bishops in Ordinary of these Islands.

(2) The State shall make provision for the education and

teaching of philosophy of life and ethics for those students whose

parents have chosen not to instruct their children in the catholic

religion.

PART V

Home Education

It shall be lawful for a parent of a minor of compulsory

school age to apply to the Division of Education to provide home

education to the minor

Provided that the application for home education is not

made on racist or similar grounds, or for reasons which the Division

does not consider to be proper taking into account the circumstances;

and in any of the above cases, home education is considered to be in

the best interest of the minor taking into account the circumstances

and situation of the minor and his family.

(1)

Where the Division is of the opinion that the

necessary conditions for the provision of home education to a minor

have been satisfied, it shall authorise the parent of the minor to

provide home education to the minor at the parent’s expense and

subject to the following conditions -

(a)

the minor must have a social experience

equivalent to that provided in schools;

(b)

the minor is afforded the same experience and

facilities as those in schools;

(c)

minors must follow an accredited programme as

approved by the Division and such conditions set by the

Division as it may deem appropriate in the best interests of the

minor.

(2) A parent who causes his minor child to follow a home

education programme in accordance with all the conditions imposed

by the Division shall be deemed to have satisfied his obligations under

article 6.

The Minister may, after consultation with the Division,

make regulations

(a)

to provide generally for the regulation of home

education;

(b)

to make provisions for the granting

of

authorisation to provide home education programmes;

(c)

to establish criteria on the qualification and

authorisation of home educators and for the withdrawal of such

authorisation;

(d)

for

the

accreditation

of

home

education

programmes;

(e)

to establish penalties for breach of the provisions

of this Part or any regulations made in terms of this article;

(f)

to establish for fees to be paid by applicants in

respect of any applications made under this Part or any

regulations made in terms of this article;

(g)

for any incidental and supplementary matter

which the Minister considers expedient to provide for, for the

effective implementation of this Part; and

(h)

to provide for any matter which is not

inconsistent with the provisions of this Act and to give better

effect to any of such provisions.

PART VI

Educational Entities

Without prejudice to the provisions of this Act or of any

other law, the Prime Minister may by Order in the Gazette establish

other entities, including those agencies, divisions, directorates,

departments or other educational institutions as he may deem

necessary for the better quality and provision of education and training

services in the country, and the Prime Minister may also by an Order

in the Gazette constitute any entity established under this Act as a

body corporate with its own juridical and distinct personality, and the

Prime Minister shall in such a case, by means of regulations, provide

for any matter that may be necessary for the effective management of

the entity mentioned in the relative Order.

(1)

Subject to the provisions of the Constitution and

of any other enactment applicable hereto, including this Act, any

entity, acting with the concurrence of the Minister, may appoint and

employ such officials and other employees which may from time to

time be required for the due and efficient performance of its functions.

(2) Such appointment and employment of the said officials

and employees shall be effected with such remuneration and upon

such terms and conditions as the entity may, in concurrence with the

Minister, from time to time, determine.

(1)

The Prime Minister may, at the request of any

entity made with the concurrence of the Minister, from time to time

direct that any public officer be detailed for duty with an entity in such

capacity and with effect from such date and for such duration as may

be specified in the Prime Minister’s direction.

(2) The period during which an order, as here-before

mentioned, shall apply in regard of an officer specified therein, unless

the officer retires from public service or otherwise does not remain in

office as from an earlier date, shall be such as may be specified in the

order, unless such order is previously revoked by the Prime Minister.

(3) Where any officer is detailed for duty with an entity

according to the provisions of this article, such officer shall, during

the time in which such direction has effect in relation to him, be under

the administrative authority and control of the entity, but he shall for

other intents and purposes remain and be considered and treated as a

public officer.

(4) Without prejudice to the generality of the foregoing, an

officer detailed for duty as aforesaid -

(a)

shall not during the time in respect of which he is

so detailed -

(i)

be precluded from applying for a transfer

to a department of the Government in accordance with

the terms and conditions of service attached to the

appointment under the Government held by him at a date

on which he is so detailed for duty; or

(ii) be so employed that his remuneration

and conditions of service are less favourable than those

which are attached to the appointment under the

Government held by him at the date aforesaid or which

would have become attached to such appointment, during

the said period, had such officer not been detailed for

duty with the entity; and

(b)

shall be entitled to have his service with the entity

considered as service with the Government for the purposes of

any pension, gratuity, or benefit under the Pensions Ordinance

and the Widows’ and Orphans’ Pensions Act and of any other

right or privilege to which he would be entitled, and liable to any

liability to which he would be liable, but for the fact of his being

detailed for duty with an entity.

(5) Where an application is made as provided in sub-article

(4)(a)(i), the same consideration shall be given thereto as if the

applicant had not been detailed for service with the entity.

(6) The entity shall pay to the Government, where

applicable, such contributions as may from time to time be determined

by the Minister responsible for finance in respect of the cost of

pensions and gratuities earned by an officer detailed for duty with the

entity as aforesaid during the period in which he is so detailed.

(1)

An entity may, with the approval of the Prime

Minister, offer to any officer detailed for duty with the said entity

under the provisions of article 51 permanent employment with the

entity at a remuneration and on terms and conditions not less

favourable than those enjoyed by such officer at the date of such offer.

(2) The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those enjoyed

by the officer concerned at the date of such offer, if such terms and

conditions, taken as a whole, in the opinion of the Prime Minister,

offer substantially equivalent or greater benefits.

(3) Every officer who accepts permanent employment with

the entity, offered to him under the provisions of sub-article (1), shall

for all purposes other than those of the Pensions Ordinance and of the

Widows’ and Orphans’ Pensions Act, be deemed to have ceased to be

in service with the Government and to have entered into service with

the entity on the date of his acceptance, and for the purposes of the

said Ordinance and of the said Act, so far as applicable to him, service

with the entity shall be deemed to be service with the Government

within the meanings thereof respectively.

(4) Every such officer as aforesaid who, immediately before

accepting permanent employment with the entity, was entitled to

benefit under the Widows’ and Orphans’ Pensions Act, shall continue

to be so entitled to benefit thereunder to all intents as if his service

with the entity were service with the Government.

(5) The entity shall pay to the Government such

contributions as may from time to time be determined by the Minister

responsible for finance in respect of the cost of pensions and gratuities

earned by an officer who has accepted permanent employment with

the entity as aforesaid during the period commencing on the date of

such officer’s acceptance.

(6) For the purpose of the Pensions Ordinance, the

pensionable emoluments of such public officer on retirement shall be

deemed to be the pensionable emoluments payable to an officer in

Government service in a grade and at an incremental level

corresponding to the post and incremental level at which the officer

retires from the entity.

(7) (a)

For the purposes of this article, posts and salary

grades with the entity shall be classified in the most nearly

corresponding grades and incremental levels in the service under the

Government of Malta by reference to job description, skills,

responsibilities and other analogous factors.

(i)

The classification referred to in

paragraph (a) shall be carried out by a Board composed

of a Chairperson appointed by the Minister responsible

for finance and two other members, one appointed by the

Minister responsible centrally for personnel policies in

the public service and one appointed by the entity

concerned. The classification shall be subject to the final

approval of the Minister responsible for finance.

(ii) Such classification shall take place

within three (3) months of any adjustment of salaries of

employees in Government service and, or of employees

of an entity.

(b)

No post shall be classified in a grade higher than

that of a Grade 3 in the service of the Government or such other grade

that the Minister responsible for finance may from time to time by

notice in the Gazette determine.

(c)

Without prejudice to the provisions of article 113

of the Constitution, no person may, following a classification as

aforesaid, be entitled to rights under the said Pensions Ordinance less

favourable than those to which he would have been entitled prior to

such classification.

(1) The entity may levy all fees, rates and other payments

prescribed in its protocols or deemed to be prescribed by or under this

Act and, or regulations thereunder, or any other law related to the

powers and functions of the entity.

(2) The entity shall be paid by Government out of the

Consolidated Fund such sums as Parliament may from time to time

authorise to be appropriated to meet the costs of specified works to be

continued and for the day to day running of the entity.

(1)

The entity shall cause to be prepared in every

financial year, and shall not later than six (6) weeks after the end of

each such year adopt, estimates of the income and expenditure of the

entity for the next following financial year.

(2) In the preparation of such estimates the entity shall take

account of any funds and other moneys that may be due to be paid to it

out of the Consolidated Fund during the relevant financial year,

whether by virtue of this Act or of an Appropriation Act or of any

other law; and the entity shall so prepare the said estimates as to

ensure that the total revenues of the entity are at least sufficient to

meet all sums properly chargeable to its revenue account, including,

but without prejudice to the generality of that expression,

depreciation.

(3) The estimates shall be made out in such form and shall

contain such information and such comparisons with previous years as

the Minister responsible for finance may direct.

(4) A copy of the estimates shall, upon their adoption by the

entity, be sent forthwith by the entity to the Minister and to the

Minister responsible for finance.

(5) The Minister shall, at the earliest opportunity and not

later than six (6) weeks after he has received a copy of the estimates

from the entity (or if at any time during that period the House is not in

session within six (6) weeks from the beginning of the next following

session), cause such estimates to be laid before the House together

with a motion that the House approves the said estimates.

(1)

The entity shall cause to be kept proper books of

account and other records in respect of the entity’s operations and

shall cause to be prepared a statement of accounts in respect of each

financial year according to set accounting standards.

(2) The accounts of the entity shall be audited by an auditor

or auditors to be appointed by it and approved by the Minister, after

consultation with the Minister responsible for finance

Provided that the Minister responsible for finance may,

after consultation with the Minister, require the books and accounts of

the entity to be audited or examined by the Auditor General.

(1)

Not later than three (3) months following the end

of each financial year, the entity shall cause a copy of its financial

statements duly audited to be transmitted to the Minister and to the

Minister responsible for finance together with a copy of any report

made by the auditor or auditors on these statements or on the accounts

of the entity.

(2) The Minister shall, as soon as practicable, cause a copy

of such statements and reports to be laid on the Table of the House of

Representatives.

(1)

All monies received by the entity shall be paid

into a bank or banks appointed as bankers of the entity by a resolution

of the entity. Such monies shall, as far as practicable, be paid into any

such banks from day to day, except such sum as the entity may

authorise to be retained to meet petty disbursements and immediate

cash payments.

(2) All payments out of the funds of the entity, other than

petty disbursements not exceeding a sum to be fixed by the entity,

shall be made by such officer or officers of the entity as it shall

appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank account

of the entity shall be signed by such officer of the entity as may be

appointed or designated by the entity for that purpose and shall be

countersigned by the Chairperson, or such other member or officer of

the entity as may be authorised by the entity for that purpose.

(4)

The entity shall also make provision with respect to

(a)

the manner in which, and the officer or officers

by whom, payments are to be authorised or approved;

(b)

the title of any account held with the bank or

banks into which the monies of the entity are to be paid, and the

transfer of funds from one account to the other;

(c)

the method to be adopted in making payments

out of funds of the entity; and

(d)

generally with respect to any matter which is

relevant to the proper keeping and control of the accounts and

books, and the control of the finance, of the entity.

PART VII

Offences and Penalties

(1)

No person may employ a minor of compulsory

school age or otherwise bound to regularly attend school under the

provisions of this Act without the written permission of the Division

of Education.

(2) The Division may give its permission under sub-article

(1) when, having made the necessary investigations, it is of the

opinion that there are sufficient reasons to justify the exemption

provided that the employment of the minor would not be of harm to

the health or normal development of that minor.

(3) When giving its permission in accordance with sub-

article (2), the Division may impose such conditions requiring the

minor to attend such alternative educational or training programmes as

may be prescribed, and any such permission shall be considered

immediately withdrawn if any of the conditions imposed in such

permission are not observed.

(4) The Division referred to in this article may approve work

experience and training programmes which, when so approved, shall

not be deemed to constitute employment for the purposes of this

article.

(1)

Any parent of a minor who -

(a)

fails to register that minor in a State school or in a

licensed school under this Act for the first scholastic year

starting when he is of compulsory school age or fails to ensure

that the minor is so registered at all times for every scholastic

year during the whole period that the minor is of compulsory

school age or fails to cause that minor to continue to be so

registered up to the end of the scholastic year during which the

minor ceases to be of compulsory school age or up to the end of

such further period as the Minister may by regulations

prescribe; or

(b)

fails to ensure, without a good and sufficient

cause, that the minor attends school regularly on each

scholastic day during such period that the minor is of

compulsory school age and up to the end of the scholastic year

during which the minor ceases to be of compulsory school age

and up to the end of such further period as the Minister may by

regulations prescribe; or

(c)

fails to abide by a decision of the Board,

shall be guilty of an offence and shall, on conviction, be liable to the

punishments established for contraventions and to a fine (multa) not

exceeding one hundred euro (€100) for each day during which the

offence continues in the case of a continuing offence

Provided that no criminal proceedings for an offence

under paragraph (b) shall be taken unless the parent, within three (3)

days from the date he receives a notice from the Division of Education

requesting him to explain the absence of the minor from school, fails

to give a good and sufficient explanation.

(2) Any person who after being summoned to appear before

the Commissioner for Justice fails, without reasonable justification, to

do so on any occasion when he is to so appear, or who fails without

reasonable justification to comply with an order issued to him by the

Commissioner for Justice or by the Board shall be guilty of an offence

against this Act and shall be liable on conviction by the Court of

Magistrates to a fine (multa) of between one hundred euro (€100) and

five hundred euro (€500) or to imprisonment for a period of three (3)

months or to both such fine and imprisonment

Provided that the Court of Magistrates may also issue

any other order it may deem appropriate.

Any person who contravenes the provisions of article 58

shall be guilty of an offence and shall, on conviction, be liable to the

punishments established for contraventions and to a fine (multa) not

exceeding one hundred euro (€100) for each day of employment of the

minor.

(1)

Any person who establishes or runs a school

without a licence from the Division shall be guilty of an offence and

shall, on conviction, be liable to a fine (multa) not exceeding one

hundred euro (€100) for each day during which the offence continues

in the case of a continuing offence.

(2) Any person in possession of a licence to establish and run

a school and who does not ensure that he conforms at all times with all

the national minimum conditions and any condition set up by the

Division as may be applicable shall be guilty of an offence and shall,

on conviction, be liable to a fine (multa) not exceeding one hundred

euro (€100) for each day during which the offence continues in the

case of a continuing offence.

(3) In the case of a second or subsequent conviction for an

offence committed by any other person against the provisions of sub-

article (1), the court may authorise the Division at its request, to take

possession of the premises opened or kept as a school without a

licence and this for such time as the court may deem necessary to

prevent that person from committing a further offence against the

provisions of that sub-article.

(1)

Any person who provides home education

without a licence from the Division shall be guilty of an offence and

shall, on conviction, be liable to a fine (multa) not exceeding one

hundred euro (€100) for each day during which the offence continues

in the case of a continuing offence.

(2) Any person in possession of a licence to provide home

education and who does not ensure conformity at all times with all the

conditions imposed by the Division, as they may be applicable, shall

be guilty of an offence and shall, on conviction, be liable to a fine

(multa) not exceeding one hundred euro (€100) for each day during

which the offence continues in the case of a continuing offence.

Whosoever shall threaten or cause a bodily harm to any

educator, teacher or to any other official or employee of a school or to

any other person involved in the organisation of an educational,

cultural, social or sports activity for minors on the premises of a

school or during such an activity or whenever such educator, official

or employee is on duty outside school premises, or within the

parameter of one kilometre from the school premises, shall, on

conviction, be liable to the punishment established for the threat or

bodily harm when not accompanied with the circumstances mentioned

in article 95 of the Criminal Code increased by two degrees and to a

fine (multa) of not less than eight hundred euro (€800) and not more

than five thousand euro (€5,000).

PART VIII

Miscellaneous

(1)

There shall be a Board to be known as the Board

for Educational Matters with the functions and duties set out in article

8 and any such further function as the Minister may assign to it by

regulations made under this Act.

(2) The Board shall be appointed by the Minister and it shall

be composed of five (5) members. The Board shall be chaired by a

chairperson who, in the opinion of the Minister, has adequate

knowledge on matters related to the education of children, and who

shall be a person who has the necessary experience to be appointed a

magistrate. The members of the Board shall include a parent

representative, an educator, a professional from the psycho-social

field and an expert in the specific field of inclusive education.

(3) The Board shall be constituted after the Minister would

have sought the agreement of the Commission for the Rights of

Persons with Disability as to ensuring that it includes the disability

perspective required in terms of the United Nations Convention on the

Rights of Persons with Disabilities.

(4) The members of the Board shall be appointed for three

(3) years but when such term expires they may be reappointed.

(5) Any member of the Board may be removed from office

by the Minister on grounds of inability to perform the functions of the

office, professional misconduct or misbehaviour.

(6) Subject to the provisions of this Part and to any

regulations made hereunder, the Board shall regulate its own

procedure.

(7) The Board shall appoint experts as, in its opinion, may be

required in particular cases.

(8) Any decision of the Board shall be taken by a majority of

votes; however in the case of an equality of votes, the Chairperson

shall have a casting vote.

(9) Decisions of the Board shall be in writing and shall be

communicated to all involved parties.

(10) The Minister shall designate an officer of the Division to

act as Secretary to the Board. The Secretary to the Board shall have no

vote.

(11) There shall be no need of legal assistance to appear

before the Board and the Board shall operate in such a manner as not

to make legal assistance necessary.

(12) Where the Division or the parent of a minor feels

aggrieved by the decision of the Board an appeal may be lodged to the

Administrative Review Tribunal within twenty-one (21) days of the

decision given by the Board in accordance with the provisions of the

Administrative Justice Act and any applicable regulations made

thereunder.

(13) Notwithstanding that an appeal has been instituted in

accordance with the provisions of sub-article (12), the decision of the

Board shall be executed pending the final decision of any appeal that

may be made from the decision of the Administrative Review

EDUCATION

Tribunal.

The Minister shall appoint a Registrar of Examinations

who shall be responsible for the conduct of

(a)

any examinations on behalf of providers of

further or higher education as may be requested by such

providers;

(b)

examinations on behalf of local or foreign

providers or examination bodies, as may be requested by them;

(c)

examinations for induction into the service of the

State, public corporations and commercial partnerships in

which the State has effective control

Provided that for the purposes of this paragraph,

the State shall be deemed to have effective control of a

commercial partnership where in that partnership more than

fifty per cent (50%) of the capital or voting power is owned or

controlled, directly or indirectly, by the State; and

(d)

any other examinations as may be requested by

the Minister.

(1)

There shall be a board, to be known as the Board

of Public Local Examinations, hereinafter in this article referred to as

"the Board", which shall be responsible for local public examinations

and which shall be composed of five (5) members appointed by the

Minister for a period of one (1) year, which may be renewed. The

Registrar for Examinations shall be a non-voting member on the

Board. The Minister shall appoint from amongst the members a

chairperson. The Board of Public Local Examinations shall be

governed by its own regulations.

(2)

The Board shall, in particular

(a)

approve the departmental or government notice

and the timetable of the examination before such publication;

(b)

ensure that examinations are conducted in

suitable premises and under the conditions established by the

Board;

(c)

deal with cases of breach of examination

regulations and, or discipline;

(d)

approve any access arrangements upon request of

the person sitting for the examination;

(e)

approve the Panel of Examiners in the case of

written examinations and interviews;

(f)

approve the administrators in the case of

officially recognised online tests;

(g)

scrutinise and sign examination results before

their publication; and

(h)

ensure that a fair and transparent process for a

revision of paper is in place.

(3) The Board shall have the right to carry out any such

inspections as it may deem fit during any stage of the examination

process.

(4) The Board shall guide and provide support to the

Registrar of Examinations during any stage of the examination

process as deemed necessary.

(1)

In State schools and public providers of further or

higher education all teaching shall be given to Maltese citizens

without any fee being charged. So as to ensure the full exercise of

choice of school by parents, the State shall, through agreements of

subsidy of non-State schools, when such are of a non profit-making

character, in accordance with the availability of public funds, provide

gradually for the same gratuity of teaching in such schools as is

afforded to students in State schools.

(2) The Minister may by regulations prescribe the fees to be

charged for examinations and special courses and the fees to be paid

by students who are not Maltese citizens

Provided that the Minister may exempt any person from

the payment of those fees

So however that, for the purposes of this sub-article,

"special courses" means the following

(a)

part-time

courses

as

specified

by

such

regulations;

(b)

courses that lead to a qualification classified at

level 7 of the Malta Qualifications Framework or higher, except

for those courses which persons are required to undertake for

the purpose of obtaining a warrant to practise a profession in

accordance with this Act or any other law; and

(c)

foundation studies courses offered by the

University.

(3) The Minister may by regulations determine rates of

stipends payable to students who continue with their education after

having completed their secondary education and may impose

conditions for the payment of such stipends.

(4) The Minister may by regulations order that no fees shall

be charged for the teaching of Maltese citizens in schools other than

State schools and of a non profit-making character provided that in

such a case the Minister shall before making such an order ensure that

the schools to which the order applies shall be in a position to continue

to provide their services and shall supplement from public funds the

financial means of those schools where, following investigations

conducted together with those schools, such necessity arises.

For the purposes of the Criminal Code and of any

provision relating to a criminal offence, the members of the Divisions,

any Board, Directorate, College, Committee, Commission, Council

and any officer or employee of any entity, shall be considered and be

treated as public officers.

(1)

The Minister may, from time to time, give to any

of the entities or to any of its officers or employees such directives and

orders, not being inconsistent with the provisions of this Act, as the

Minister may deem opportune with regard to the policy that has to be

followed by them and to the operation and implementation of their

functions, and on any other matter which appears to the Minister to be

connected with education, and the entity, officer or employee

concerned shall, as much as possible without delay, comply with and

act in accordance with these directives and orders and shall conduct

their functioning in accordance with these principles.

(2) Every entity shall give the Minister all required facilities

so that he may obtain all information connected with the affairs and

activities of any entity, officer or employee, and for this purpose they

shall supply the Minister with returns, bills and any other information

connected thereto, or with their functions, and give him all required

facilities to audit all given information, in such manner and within

such times as the Minister may reasonably require.

The Minister may, subject to the provisions of this Act,

make regulations to give effect to any of the provisions of this Act, or

to regulate or otherwise provide for anything in respect of the

functions and the activities which affect education according to this

Act, and may in particular, but without prejudice to the generality of

the aforesaid, make regulations for any of the following purposes

(a)

subject to the provisions of the Constitution or of

any other law which may be applicable, to provide for any

matter as may be necessary, including advertisements, the

process of applications, selection boards, interviews,

examinations, the assessment and evaluation of candidates,

publication of results connected with the process of

appointment or promotion or assignment of position to any

officer and employee of an entity, and to acquire such necessary

data for the records of the staff of the entities;

(b)

to provide for the appointment, conditions of

employment, duties and powers of teachers, officers and

employees of the entities, and also of officers and employees of

a Department or other agency who may have functions by any

other law which regard the health and the treatment of children

and students, including provisions to empower each one of

such officers to visit children at their homes and to examine

them or to make other investigations

Provided that in regulations relating to officers

and employees of a Department or agency falling under the

responsibility of another Minister, the Minister shall make such

regulations with the approval of such other Minister;

(c)

to better provide for the duties and functions of

Heads, officers and employees and for the assignment of duties

in a place or an entity according to their grade or position and

for their transfer from one place to another within an entity;

(d)

to require the parents to give to the Directors

General, and to each Director, Head of College Network, Head

of School, officer or employee of any entity, as duly authorised

by the Directors General, or by a Head of College Network,

such data about their children as is necessary for the due

performance of the functions and the duties of each entity and

its officers, including such data as may be specified in the

regulations;

(e)

to establish, communicate and require the

execution of a National Curriculum Framework of studies

subject to the specific religious nature of any school;

(f)

to establish the qualifications of professional

persons, officers and other employees of the entities and

schools, the curricula, terms, school days and times, students’

uniforms, parents’ days, the conditions for the granting, refusal,

suspension or revocation of a licence, the national minimum

conditions of schools, and any other matter connected with or

incidental to the implementation of the functions or to the

operation and administration of entities and of State schools

and to the discipline to be kept thereat;

(g)

to establish any fee and payment which may be

due by or under this Act, or for the services given in

compliance with the provisions of this Act;

(h)

to give direction for the better practice of any

profession related to education, including initial training and

continuous professional development of officials and

employees of entities and to establish benchmarks, standards

and assure quality, including internal quality assurance and

EDUCATION

external auditing processes, in institutions, schools and

educational entities;

(i)

to provide for any form or procedure which may

be required or expedient and about which there would be no

specific procedure in this Act;

(j)

to establish rules by means of which the

Government may give effect to international conventions

relating to education and which have already been ratified by

the Government of Malta or in order to achieve compliance

with every international obligation pertaining to the

Government of Malta or with European Union Directives on

any matter or field concerning education and training;

(k)

to establish, unless otherwise provided in this Act

or in any other law, a statute and rules to regulate the mission,

scope, functions, powers and duties, financial accountability or

otherwise, and any other procedure which has to be followed,

performed and observed by any entity, Committee or Council

established by or under this Act;

(l)

to afford, subject also to the provisions of any

other law, to a person aggrieved by the decision of any entity, or

any body or organisation established under this Act, means and

procedures either to lodge its complaints and aggravation about

a decision or to contest or appeal from such a decision and to be

so satisfied if its aggravation is upheld;

(m)

to regulate the meetings of any entity, board, or

committee, including procedures relating to a quorum, taking

decisions by means of voting, keeping of minutes and any other

matter ancillary thereto;

(n)

to provide for any incidental or supplementary

matter, including the power of entry and inspection of any

premises or place where instruction and teaching take place or

may take place in accordance with this Act, as the Minister may

deem expedient for the enforcement of any provision of this

Act and regulations made thereunder or to give greater effect

thereto;

(o)

to establish anything which is due to be or may

be established under this Act and to provide for any other

matter as may be deemed to be appropriate;

(p)

to better regulate the operation and the provision

of services in the Colleges and schools, including all matters

concerning personnel, equipment, building, management, the

use of school premises after normal school hours, partnerships

between Colleges and State schools, and non-State schools and

international exchanges, and participation in EU programmes;

and

(q)

to provide for any matter relating to the teaching

of English as a foreign language.

On the coming into force of this Act, the Minister

responsible for education may, by notice or notices in the Gazette,

establish the date of the repeal of the Education Act

Provided that the Minister responsible for education may

by such notice or notices in the Gazette establish different dates for the

repeal of different provisions and for different purposes of the

Education Act.