60 tal-1996

L. N. 60 of 1996

fi:DUCATI ON ACT

(CAP. 327)

Nlt lional Minimum Conditions (Schools Teaching English

as a "' oreign Lnnguage) Regulallons, 1996

IN exerdseofthe powcl1Oconferred by seelion 47 orthe Education

Act, the Min ister of Education and Human Resources, has made the

following regulations: -

(1 ) These regulati ons may be cited as the National Minimum

J.

Conditions (School s Teaching English as a Fo reign Language)

Regulations. 1996.

(2) These regulations shall come into effect on the day

following thei r publication in the Gazene, but schools issue with a licence

under the Act before the date of the publication of these regulations

shall be required to conform wi th the provisions hereof by not later

than the 31st May. 1997.

(II)

jkun rkundizzjoni strunurali tajba u jkun imiejjen sew;

(b) jkun ventilal sew u arj ui, proteI! mis-shana, mill-kesha u l-umditA u

mdawwal sew;

(c) jkun dejjem nadir, ikun )conrorm; rna' kull rcgolamcnt san itarju dwat

ii-bi ni tal-iskejjel , u ssirlu manutenzjoni regolari;

(d) jkun hieles mi nn leull periklu ghall-pe~una u ghas-sahha, u jkollu si njali

biii.ejjed ta' minn fejn wiel'ledjista' johrog rkai. ta' hruq kifukotilaghmirbiiieiied

bicx jitfi n- oar;

(e) jkollu ghadd biiieljed ta' Id assijict bicx ikun hcmm akkommodazzjoni

tajba ghall-istudenti kollha Ii jigu aCCettali fl-Jskola null waql.

(Regulation 6)

PART A

CLASSROOM ACCOMMODA nON

1. School premises must

be in good struclUral and well decorated condition;

(a)

(b) be well ve ntilated and ai red , pfO{ccted from heat, cold and humidity,

and well Ii!;

(e) be kept clean at all times, confonn to all sanitary regulations regarding

school buildings, and must be regularl y maintained;

(d) be free of hazards to safety and to good health, and must have adequate

fire exit signs and fire fighting equipment

(e)

have a sufficient number of classrooms \0 provide accommodation for

all students who are accepted by the School at anyone time.

Heads of Schools are to afford any person authorised by the DirectorGeneral.

2. (Education) to inspecllhe School, all co-operation and assistance as may be lawfully

required by such person. Schools may also be inspected by health inspectors at any

lime, and they are locomply with the lawful instructions ofsoch inspectors. Inspections

may also be carried out by. or at the request of. the Monitoring Board, in which case

any official of tile Department o f Education carrying out the inspection shall forward a

copy of the report on the inspect ion to the Chairperson of the Board through the Director

General (Education).

3. Classrooms should be of suc h dimensions and should contain such furniture

as to ensure that each SlUdent accommodated therein can sit and write in comfon.

Desks. chairs, tables and othe r furniture should be in a good state of repair and should

allow flexibility in classroom layout.

4. Classrooms should be adequ mely equipped with teaching aids commensu rate

with the size of the classroom and the level of teaching. Each classroom should at least

have a board and/or other mean s of gra phic di splay which should be large enough for

the classroom and positioned in a way as to ensure easy vis ion by all students.

5. Each classroom should have an independent access.

6. Schools shall provide adequate and accessible common areas,commensurate

wi th the total number of studen ts present wi thin the School premises at anyone time.

Com mon areas should also adequately provide facili ties for the accommexlation of

students during break-time and access for studenlS between classrooms.

7. Toilet and sanitary facilities must be approved by the competent health

authorities. Such facilities should be commensurate with the total number of students

present within the School premises at anyone time. Sepanltc male and female toilet

facilities should be provided at the tate of one per fifty students. Teachi ng personnel

and other staff should have their own se parate toi let and sanitary facilities. All toilet

and sanitary facilities should be clean and hygien ic.

8. Any written description and/or graphical depiction. including photographic

or other means of representation . used to promote. publicise or describe the facilLties

of the School, must be a fai thfu l and accurate representation of the School and its

facilities and must confonn to the real state of the School, classrooms and common

areas being described, depicted or represented.

In these regulations,save for the defi nitions set out hereu nder,

words and expressions shall have the same meaning assigned to them

in the Act:-

"Act"'

means the Education Act

"all-inclusive package" means the pre-aJr.lnged tu iti on at a

School co mbined with at least another non -acade mic service

mentioned hereunder, when offered by a School. whet her at an

inclusive price or separately, and when the package covers a period

cxceeding twenty-four hours, it also includes -

(a)

accom modat ion or lodging of any kind;

(b) othc r services not an cillary to accommodation and

equivalent to alleast one-fourth of the tuition time included

in lhe package;

"Association" mcans an association of schools teaching

En glis h as a foreign language wh ic h in the opin ion of the

Ministcr -

(a)

represents such number of schools as wou ld in the

immediately preceding year ,have serviced the largest number

o f students; and

(b) has cs to.blished for its member schools guidelines

aimed at ensuri ng academic standards which are at least in

conformi ty with the requirements of these regulations;

" Board" means the Monitoring Board established by

regulation S of these regulatiOfls;

" Mi nister" means the Min ister responsible for educati on;

"non-academic service" means any service provided by a

School as part of an all -inclusive package with the exception of

lu ition;

"School" means a school in tenns of the Act , whose principal

activity is the teaching of English as a foreign language.

The object of these regu lations is to set national minimum ~

conditions for schools whose princi pal activity is the organization of

courses for the teaching of English as a foreign language to students

who are not M altese nationals.

==.

4 . ( I) The national mini mu m condi tions for all Schools for the ~

purposes of section 7 of the Act are those set out in the Schedule to

these regulati ons.

(2) Except for Schools duly lice nsed under the Act and

which comply wi th the provisions of these regUlations, no person may

in any way indi cate or hold himself out as being licensed or approved

by the Minister , or to use words having a similar effect in any stationery,

brochure or othcr document.

(3) The provisions o f the 1990 N ationa l M in imum

Conditions for all Schools shall not continue to apply to schools forthe

teaching of English as a foreign language with effect from the coming

into force of these regul ations .

( I) There shall be established a Board, to be callcd the 101 ... " ..... _

MonitOring Board, having such functi ons and powers as are set out in

paragraphs (5) and (6) of this regulation .

(2)

The Board shall be composed of six members appointed

as follows

<a)

Chairperson and one other member appointed by the

I

Minister,

a member appointed by the Minister R:sponsible for

(b)

tourism

a member appointed by the Rector ofthc University of

(e)

M alta

(d)

a member appointed by the Association

(e)

II membcrelectcd from among licensed heads of schooL

The Board shall be appointed for a period not exceeding

(3)

two years.

(4) Prior to the first meeting of the Board, the Chairperson

and the th ree other members appoi nted in terms of sub-paragraphs (a),

(b) and (e) of paragraph (2) of regulation 5 of these regulations, shall

convene a mccting of the heads of each licensed School in ordcr to

elect the member of the Board in tennsof sub-paragraph (e) ofparagrapb

(2) of regul ation S of these regulations. This meeting shall be convened

within two months or tne appoi ntme nt of the Chairperson .

The Board shall have the following functions: -

(5)

<a>

10 advise the Minister on the issuing of liccn§cs. the

conditions of issue and the revocation thereof;

( b) to monitor the compliance by Schools with th e

provisions of the Act , o f the licence cond itio ns and of these

regulations, and to repon to the Minister thereon

(c) to recommend to the MiniSlersuch measurc:sas the Board

may consider apptopoi ate to be laken against any School in breach

of the provisions of the Act . oflhe littnce conditions and of these

regulations;

(d) in general to advise and make recommendations to the

Minister in any matte r concerning such Schools: and

(c) to perfonn such oth er functions as the Ministe r may from

time to time prescribe .

(6) Without prcjuditt to the ri ghts of the Min ister in terms

of tile Act , the Board shall have such powers and authorities as may be

required for the proper performance by il of any and all of irs functions

as set out in paragraph (5) of this regulation. Without prejudice to the

generality of the foregoing the powers of the Board shall include the

power 10 cany out investigations and inspections of Schools and to

conduct in terviews wi th any person involved in the management of a

School for the purpose of monitoring and enforcing compliance wi th

the provisions of the: Act, of the licence conditions and o f these

regulations. and to rcpon thereon to the Minister.

All Schools shall comply with the provisions set out in Parts All·wt.ioc

A and B of tile Schedule 10 the regulations. Schools providing an all. I*Uee·

inclusive package shall, apart from co.mplying with Parts A and B of

the Schedule, also com ply and conform to the minimum conditions set

out in Part C of the Schedule to these regulations.

No School shall provide tui lion as part of a touri stic package TOUNlic

offered, organized or otherwise promoted by any person unless such poctq •.

School executeS a written contract with such person. Such contract shall

provide for such person to take such measures and safeguards for the

protection and general well. being of students under the age of eighteen

years, which measures and safeguards shall at least be equivalent to

those which the School itself would take had it been providing an all·

incl usive package.

Any head of a School that contravenes, or fails to comply orr...... MIl

w ith any provi sions of these regu lations, shall be gu ilty of a ..........

contraven tion and shall, on conviction, be liable to a penalty not

exceeding two hundred liri and to an additional penal ty of len liri for

each day during which the offence continues in the ease of a continuing

offence.

Bon

Any description or representation aimed at publicising. promoting or marketing

the services aoo facilities, including teaching aids, learning materials, classrooms,

equipment, audio visual and audio- lingual faci lities of the School, must be a faithful

and accurate description or rernsentation of the services and facilities actually provided

by such SchooL

PARTS

ACADEMIC STAFF

1. Director of Studies

1.1 The Head of School shall nominate a Directorof Stud ies to have the overall

responsibility for all academic matters of the SchooL Save for the provisions of

regulation 1.3 hereunder, nothing mentioned in this provision shall prohibit the Head

of School from acting as the Director of Studies.

1.2 A person appointed as Director of Studies must be so appointed on an

exclusive basis, and only ac t in such capacity for one School at a time.

1.3 The Director of Studies shall have the qualifications set out hereunder,

provided that any person who on the date of coming into force of these regulations had

perfonned the functions of a Director of Studies, or occupied an equivalent post , by

whatever name described, in any School for an uninterrupted period of five years, and

possesses the qualiftCations set OUt hereunder in panlgn,phs (a), (b) and (c), or an

equivalent tenilll)' qualification in English of a recognised institution , shall be deemed

to have the requisi te qualiftCations. The qualifications are the following

(a)

a permanent teacher's warrant;

(b)

a minimum of 1,000 hours in teaching English as a foreign language;

(c)

a first degree in English of a recognised university;

(d) a qualification in teaching English as a foreign language, at cen ificale

level. or higher, of a recognised institution.

. ""

1.4 The DirectorofStudies shall be responsible for the day to day administration

of the School and all academic matters of the School. The Director of Studies should

be present within the School premises at all times during the running of cnm:es. Without

prejudice to the generality of the foregoing, the duties and responsibilities of the Director

of Studies shall inc lude

(a)

COOn;(: design and implementation;

setting all placement and final tests and certifiCation;

(b)

(c)

the recruitment and in-service training of teachers;

the setting and maintenance of minimu m academic standards;

(d)

the acade m ic welfare o f s tudents and teachers;

(e)

(f)

the maintenance of proper attendaooe records of students

(g)

liaison betwee n the School and the Depanment of Education on

academ ic mailers;

(h) comply in g with all reporting requirements which may lawfully be

requested from time to lime by the Department of Education in an accurate and

timely manner, and

(i)

complying with all applicable laws and regulations.

2. Teachers

2 .1 No Schoo! shall employ or otherwise engage teachen that do not possess

the min imum qualifications set out in these regulations.

1be minimum qualifications for teacheTli are the followin g

2.2

Teachc:Tli must

be at least eighteen years of Ige;

(a)

(b)

possess a pennanentltemporary teacher'S warrant;

(c)

possess an Adyanced LeYel certificate in English at gn\de C o r

better,

(d) have successfully followed a recognised induction coone in the

methodology of teaching English as a foreign language, approved by the

Minister on the recommendation of the Board.

..,

2.3

Any person who has II minimum of five years uninterrupted experience of

teaching English as II fore ign language prior to the coming into force of these regulations

shaH be deemed to satisfy the qualification requirements under paragraph 2.2(c) above.

2 .4 A School may, at the discn:tion of the Director of Studies. engage the services

of specialists to give lessons in English for Specirlc Purposesor in specialised subjects.

Any person so engaged shall not for the purpose of these regulations. be deemed to

constitute part of the teaching Slaff of the School and is not e;o;pected to possess the

requirements set out in paragraph 2.2 (b), (e) and (d) above. Notwithstand ing the

foregoing it shall be the responsibi lity of the Director of Studies to ensure that any

person so engaged can guarantee II satisfactory level of spoken English and of instruction

in the specialised area, and that such person is qualified in the specialised area to

which the lessons pertain. Such persons shall complement the regular teaching personnel

only in so far a~ lessons in the specialised area are concerned.

3. Cenificates

3.1 Schools shall , over the signature of the Di rector o f Studies. issue an

attendance ceniflCate for every student. setting out the title and level of the course

followed, together with the dates of attendance and nu mber of hours acrually attended

by the student.

3.2 A School shall . upon the specific request of a student. issue a course script

outli ning the areas or lopicscovered during thecourse, and the proficiency attained by

the student.

NON-ACADEM IC MA TIERS

PARTC

I . Schools offering non·academic services to s!Udents as pan of an all -inclusive

package shall appoint an Adm inistrator who shall have overall responsibility for all

non-academic services offered by the Schoo1. The Administrator may be the same

person appointed as Director ofStudies, in which case such person shall in addition 10

his duties as Director of Studies. also have the responsibilities of Administrator.

2. The duties and responsibilities of an Administrator may be entrusled 10 a

Board of Administration, in which case the responsibi lities of an Administrator shall

be vested collectively in all the members of the Board of Administration.

3. Whether the non -academic services provided by the School are so provided

directly by the School or through agents or sub-contractors, the School shall remain

responsible fOf Ihe provision of suc h services and the AdministraLOr shall ensure that

non·academic services that may have been offered in an all-inclusive package are

effectively provided at standards which are customary fOfthe provision of such services

and in confonnity with the relative contractual obligations.

4 . The duties and responsibilities of an Administrator for non-academic services

shall include the follow ing

4.1 the provision of an advisory and information service 10 students during

normal sc hool hours;

4 .2 liaison with any person or entity through whom the School provides

the student with accommodation or lodging

4 .3

liaison with any person or entity through whom the School provides

lrlUI5pOrtation arrangements, leisure, entertainment and cultural activities in Malta;

in the case of students who have not attained the age of eighteen yean

4 .4

(a)

the prov ision of adequate supervision for such activities as may

be organised by the School from time to lime;

(b) the provision of a 24 hour emergency service to student leaders.

agencies and competent aUlhorities and students in those instances where

minon are travelling without an accompanying leader;

(c) the taking of such measures as may be necessary to safeguard the

general we ll-being of students during their stay in Malia;

4 .5 the approval of board and lodging facilities and the ensuring that such

facilities are what the studen t was offered as part of the all -inclusive package;

4 .6 the vetti ng of necessary permits an d authori sations by all sub -

contractors/agents orOlOer persons providing any serv ice to the students on behalf

of the School;

4 .7 ensuring that any descri ption or representation made by the School

in tended or aimed at marketing. publicisi ng or otherwise promoting the non -

academic serVices offered by the School. is a faithfu l and accurate description or

representati on of the services and facilities effectively provi ded.

5 . The Ad mini strator shall ensure the observance by the School o f all

employment regulations as the se effect all the employees of the School.

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