COMPULSORY FREE UNIVERSAL BASIC EDUCATION LAW
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COMPULSORY FREE UNIVERSAL BASIC EDUCATION LAW
ARRANGEMENT OF SECTIONS
1. Establishment of the Universal Basic Education Board
2. Membership of the Board
3. Functions of the Board
4. Appointment and tenure of office of members of the Board
5. Removal of members
6. Meetings of the Board
7. Proceedings of the Board
8. Validity of Proceedings
9. Quorum
10. Committees of the Board
11. Power to Co-opt
12. Appointment of the Secretary and other staff of the Board
13. Right of a child to compulsory free Universal Basic Education
14. Free service in public and junior secondary schools
15. Court of competent jurisdiction
16. Financial provision of the Board
17. Funds of the Board
18. Disbursement of the Fund
19. Annual estimates and accounts
20. Establishment of Local Government Primary and Junior Secondary Education Authority
21. Membership of the Authority
22. Functions of the Authority
23. Separate account by the Authority
24. Payment of the revenue collected and maintenance of proper record by school head
25. Establishment and membership of the Community Education Development Committee
26. Functions of the Committee
27. Regulations
28. Seal of the Boards
29. Transitional Provisions
30. Repeal of Law L40 of 2004
31. Interpretation
32. Citation and commencement
SCHEDULE
COMPULSORY FREE UNIVERSAL BASIC EDUCATION LAW
A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE LAGOS STATE UNIVERSAL BASIC EDUCATION BOARD AND FOR CONNECTED PURPOSES
[Commencement] [30th December 2005]THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:
. Establishment of the Universal Basic Education Board
(1) There is established a body to be known as the Lagos State Universal Basic Education Board (referred to in this Law as ―the Board‖).
(2) The Board shall have perpetual succession and a common seal and may sue or be sued in its corporate name with power to acquire and hold movable and immovable property.
2. Membership of the Board
The Board shall comprise of-
(a) a full-time Chairman who is a seasoned educationist with impeccable managerial capability to be appointed by the Governor on the recommendation of the Commissioner for Education who shall be the Chief Executive and Accounting Officer;
(b) three (3) representatives of the Ministry not below the level of a Director each representing one of the following departments-
(i) Basic Education Services;
(ii) Curriculum Services; and;
(iii) Inspectorate;
(c) a representative each of the—
(i) Tutors-General of each of the six (6) Education districts in the State;
(ii) State Examinations Board not below the level of a Director;
(iii) Lagos State College of Primary Education (LACOPED)
(iv) Adeniran Ogunsanya College of Education (AOCOED)
(v) Agency for Mass Literacy and non-formal Education not below the level of a Director;
(vi) A person currently charged with the responsibility for primary schools services affairs in the State;
(d) a representative each of the—
(i) Nigeria Union of Teachers;
(ii) Lagos State Parents/Teachers Association;
(iii) Lagos State Chapter of the National Council of Women Society;
(e) six other (6) members including not less than two (2) women to be appointed by the Governor on personal merit to represent other relevant interest groups in the State; and
(f) the Secretary of the Board who shall be a seasoned Educationist not below the level of a Director.
3. Functions of the Board
The functions of the Board shall be to-
(a) formulate the policy guidelines for the successful operation of the Universal Basic Education Program in the State;
(b) receive block grant from the Federal Government through the State Government;
(c) administer and disburse funds allocated to the Board, the Local Government Education Authority and other relevant agencies implementing the Universal Basic Education;
(d) prescribe the minimum standards for the basic education program throughout the State in line with the National Policy on Education on the advice of the National Council for Education and ensure effective implementation of the standards in line with Government policies and programs;
(e) inquire into and advise the State Government on the funding and orderly development of Universal Basic Education in the State;
(f) collate and prepare after consultation with the State Advisory Committee on Universal Basic Education and other relevant stakeholders, periodic master plans for a balanced and coordinated development of basic education in the State including areas of possible intervention in the provision of adequate basic education facilities which include—
(i) forwarding proposals to the Commissioner on equal and adequate basic education opportunity in the State;
(ii) ensuring that the Basic National Curricula, syllabi and other necessary instructional materials are in use in early childhood care and development centers, primary and junior secondary schools in the State;
(g) carry out, under the supervision of the Ministry of Education, at regular intervals a personnel audit of teaching and non-teaching staff of all basic education institutions in Lagos State;
(h) monitor Federal and State inputs into the implementation of basic education in the State;
(i) present periodic progress reports on the implementation of the universal basic education to the Governor through the Commissioner;
(j) co-ordinate the implementation of the universal basic education related activities in collaboration with non-governmental and multilateral agencies in the State;
(k) establish a basic education data bank and conduct research on basic education in the State;
(l) support State capacity building for teachers and managers of basic education in the State;
(m) carry out mass mobilisation and sensitisation of the general public and enter into partnership with communities and relevant stakeholders with the aim of achieving the overall objectives of the Compulsory Free Universal Basic Education in the State;
(n) supervise the assessment and funding of salaries and allowances of teaching and non-teaching staff based on the scheme of service drawn up by the State Government;
(o) co-ordinate and supervise teaching and learning in public primary schools and junior secondary schools in the State;
(p) manage public primary and junior secondary schools in the State;
(q) recruit, appoint, promote and discipline teaching and non-teaching staff on grade levels 07 and above;
(r) post and deploy staff including inter-state transfer for staff;
(s) disburse funds provided from both Federal and State sources;
(t) set up an effective supervisory unit;
(u) retire and re-absorb primary school teachers in the State;
(v) undertake new capital projects subject to the approval of the Governor;
(w) give approval for training and re-training of teaching and non-teaching staff;
(x) prepare testimonials and certificates of service for teaching and non-teaching staff whenever necessary;
(y) deal with leave matters including annual vacation;
(z) ensure that annual reports are rendered by heads of schools or teachers appointed to serve under them;
(aa) ensure annual auditing of accounts;
(bb) perform such other functions that are relevant to the discharge of its functions under this Law or as may from time to time be assigned to it by the Universal Basic Education Commission or the Commissioner.
4. Appointment and Tenure of Office of Members of the Board
The Chairman and other members of the Board other than ex-officio members shall be appointed by the Governor and shall hold office for a term of five (5) years in the first instance and may be re-appointed for another term of five (5) years upon satisfactory performance.
5. Removal of Members
A member may-
(a) at any time be removed from office by the Governor for inability to discharge the functions of his office whether arising from infirmity of mind or body or for any act of misconduct;
(b) resign his membership by a notice in his handwriting, addressed to the Governor and that member shall, on the date of the acceptance of the resignation by the Governor cease to be a member of the Board.
6. Meetings of the Board
(1) The Board shall meet whenever it is summoned by the Chairman or if the Chairman is required to do so by notice given to him by one-third of the members, he shall summon a meeting of the Board to be held within fourteen days from the date on which the notice is given.
(2) At any meeting of the Board, the Chairman shall preside or if he is absent, the members present at the meeting shall appoint one of the members present to preside.
7. Proceedings of the Board
Subject to the provisions of this Law, the Board may make standing order regulating its proceedings at meetings.
8. Validity of Proceedings
The validity of any proceeding of the Board or the Committee shall not be adversely affected by-
(a) a vacancy in the membership of the Board or Committee;
(b) a defect in the appointment of the member of the Board or Committee; Or
(c) reason that a person not entitled to do so took part in the proceedings of the Board or Committee.
9. Quorum
The quorum for the meetings shall be one-third of the members including the Chairman or the person presiding at the meeting.
10. Committees of the Board
(1) The Board may appoint one or more committees to carry out, on its behalf, such functions as the Board may determine.
(2) A Committee appointed under this paragraph shall consist of such number of persons as may be determined by the Board and a person shall hold office on the committee in accordance with the terms of his appointment.
(3) A decision of the Committee shall be of no effect until it is ratified by the Board.
11. Power to Co-opt
The Board may co-opt persons who are not members of the Board to any meeting of the Board and such persons may take part in the deliberations of the Board but shall not be entitled to vote at the meeting of the Board.
12. Appointment of the Secretary and other Staff of the Board
(1) The Secretary to the Board who shall be an experienced administrator shall be appointed by the Governor.
(2) The Secretary shall-
(a) be responsible for the day to day administration of the Board;
(b) make arrangements for meetings of the Board and prepare the agenda and minutes of such meeting;
(c) convey decisions of the Board to its members and perform all other duties as may be assigned to him by the Chairman of the Board
(3) The Board shall employ directly or on secondment from any Civil or Public
Service or any other body in the State or Local Government, such number of employees as may, in the opinion of the Board be required to assist the Board in the discharge of its functions under this Law and pay to persons so employed, such remuneration (including allowances) as are applicable to other officers of equivalent rank in the Civil Service of the State.
13. Right of a Child to Compulsory Free Universal Basic Education
(1) The State Government shall provide free, compulsory Universal Basic Education for every child of Primary and Junior Secondary School age.
(2) Every parent shall ensure that his child or ward attend and complete his:
(a) Primary School Education; and
(b) Junior Secondary School Education.
(3) The stakeholders in education in a Local Government Area, shall ensure that every parent performs the duty imposed on them under subsection (2) of this section.
(4) Any parent who contravenes the provision of subsection (2) of this section commits an offence and shall be liable as follows-
(a) on first conviction, to caution and discharge;
(b) on second conviction, to a fine of ₦20,000:00 or imprisonment for a term of one (1) month or to both; and
(c) on subsequent conviction, to a fine of ₦50,000:00 or imprisonment for a term of two (2) months or to both.
14. Free Service in Public and Junior Secondary Schools
(1) The services provided in Public Primary and Junior Secondary Schools shall be free of charge.
(2) A person who receives or obtains any fee contrary to the provision of subsection
(1) of this section commits an offence and shall be liable on conviction to a fine not exceeding ₦50,000:00 or imprisonment for a term of three (3) months or to both.
(3) Every parent shall ensure that the child receives full-time education suitable to his age, ability and aptitude of the child by regular attendance at school.
15. Court of Competent Jurisdiction
The Magistrate Court or Special Offences Court in the State shall have jurisdiction to hear and determine cases arising under this Law and to impose the specified penalty.
16. Financial Provision of the Board
The funds of the Board for financing Universal Basic Education in the State shall be provided by the Federal, State and Local Government and shall include-
(a) funds allocated to the State and Local Government Education Authorities by the Universal Basic Education Commission from the grant allocated to it from the Consolidated Revenue Fund;
(b) appropriate share of fund or contributions in form of Federal guaranteed credits from the Universal Basic Education Commission as may be credited directly to the accounts of the Board or Local Education Authorities or other relevant agencies;
(c) local and international donor grants;
(d) provision for Basic Education in the annual budgets of the Local Government must be sufficient to cater for the personnel emolument of teaching and non-teaching staff of Local Authorities and their overhead cost (overhead cost of Local Government Education Authorities shall be five per cent (5%) of their total emolument) and shall be treated as first line charge by the State-Local Government Joint Account Allocation Committee;
(e) intervention funds accruing to the Commission from the Federal Government;
(f) reasonable proportion of the budgetary allocation of the State allocated for Basic Education and not less than fifteen per cent (15%) of Local Government contribution to Basic Education funds shall be released regularly for the running of the Board, provision of infrastructure in schools and general development of Universal Basic Education in the State;
(g) funds provided by the State Government for the salaries of staff of Junior Secondary Schools and for the provision and maintenance of infrastructures;
(h) funds provided by the State Government for the payment of State Universal Basic Education Board Headquarters Staff;
(i) funds from other sources as maybe approved by the State.
17. Funds of the Board
(1) The Board shall establish and maintain a fund separate from the National Fund from which shall be defrayed, all expenditure incurred by ` it.
(2) There shall be paid and credited to the fund established pursuant to subsection (1) of this section such payments as may be made to it by the Federal, State and Local Government Joint Account.
(3) All expenses relating to the management of Primary and Junior Secondary schools education in the State shall be defrayed from the fund.
18. Disbursement of the Fund
The Board may from time to time disburse the fund established pursuant to Section 12 of this Law. For-
(a) the cost of administration of the Board;
(b) reimbursing members of the Board for such expenses as may be expressly authorised by the Board in accordance with the rates approved by the State Government;
(c) and in connection with all or any of its functions under this Law while serving on any relevant body established pursuant to this Law; and
(d) the provision of subvention and grant-in-aid to Public Primary Schools and Junior Secondary Schools in the State.
19. Annual Estimates and Accounts
(1) The Board shall not later than 31st October in each year submit to the Ministry the estimate of its expenditure and income (including payments to the Board’s fund during the next succeeding year).
(2) The Board shall keep proper accounts in respect of each financial year (and proper records in relation thereto) and shall cause its accounts to be audited within six months after the end of each year by auditors appointed from the list and in accordance with the guidelines submitted by the Auditor-General of the State.
20. Establishment of Local Government Primary and Junior Secondary Education Authority
There is established in each Local Government Area of the State a Local Government Primary and Junior Secondary Education Authority (referred to in this Law as ―the Authority‖) which shall be subject to the control of the Board.
21. Membership of the Authority
(1) The Authority shall consist of-
(a) a part-time Chairman who shall be a seasoned Primary Educationist and shall be appointed by the Chairman of the Local Government;
(b) one representative of the Education District to which the Local Government belongs;
(c) one representative of the Nigeria Union of Teachers in the Local Government Area;
(d) one representative of The National Council of Women Society;
(e) two representatives of religious organizations in the Local Government Area;
(f) one representative of Parents/Teachers Association in the Local Government Area;
(g) one traditional ruler;
(h) two eminent persons, who are normally domiciled in the Local Government Area who shall be appointed by the Chairman of the Local Government to represent special interest.
(2) The Chairman and members of the Authority who are not public Officers shall be appointed by the Chairman of the Local Government on the recommendation of the bodies they represent.
(3) The Secretary to the Authority shall be appointed by the Chairman of the Local Government and his appointment shall be ratified by the Board;
(4) The Secretary and other members of the Authority shall hold office in the first instance for a period of five (5) years and shall be eligible for a further term of five (5) years upon satisfactory performance.
22. Functions of the Authority
(1) The functions of the Authority shall include-
(a) the day to day administration of the Primary Schools and Junior Secondary Schools;
(b) the appointment, posting, transfer, promotion and discipline of teaching and non-teaching Staff on Grade Levels 01-06;
(c) making recommendations to the Board on promotion and discipline of teaching and non-teaching staff on Grade Levels 07 and above;
(d) submission of annual estimates, annual accounts and monthly returns to the Board ;
(e) payment of salaries, allowances and benefits to all the teaching and non-teaching Staff;
(f) compiling a data base of all teachers and students within the Local Government;
(g) acquisition and distribution of materials and equipment to all Primary Schools and Junior Secondary Schools;
(h) undertaking general maintenance of Primary Schools and Junior Secondary Schools buildings and infrastructure ;
(i) stimulating, promoting and participating in the running of Primary Schools and Junior Secondary Schools;
(j) taking all reasonable steps to ensure full enrolment and attendance in all Primary Schools and Junior Secondary Schools;
(k) providing regular feedback to the Board on the reaction of citizens to Government education measures;
(l) ensuring that annual reports are rendered to the Board on all activities of the Authority during the preceding year especially on teaching and non-teaching staff;
(m) supervising all education committees at the Authority level; and
(n) performing such other functions as may be delegated to it by the Board.
(2) The Authority shall carry out its functions within the area of its jurisdiction subject to the control of the Board.
23. Separate Account by the Authority
Each Authority shall establish and maintain a separate account into which shall be paid and credited such payment as may be made to it by each Local Government.
24. Payment of the Revenue collected and Maintenance of proper Record by School Head
(1) It shall be the responsibility of each school head to collect all approved revenue payable at the school and to pay such revenue promptly into an appropriate bank account of the Authority in the Area.
(2) The school head shall maintain proper record of all moneys or gifts received, and all expenditure incurred on behalf of the school, and render full account monthly to the Authority or at such period as may be prescribed by the Authority.
25. Establishment and membership of the Community Education Development Committee
(1) There is established in each community of the Local Government Area of the State a Community Education Development Committee (referred to in this Law as the Committee).
(2) The Committee shall comprise of not more than thirteen members and shall include-
(a) a Chairman who shall be a recognized community Leader appointed by the Chairman of the relevant Local Government Council;
(b) one representative of Parents/Teachers Association in the area;
(c) one representative of the National Council of Women Society;
(d) one representative of the Nigeria Union of Teachers;
(e) two religious leaders;
(f) one representative of the business or organized private sector Community;
(g) two other members who are educationist from the locality to be appointed by the Chairman of the Local Government Council;
(h) the most senior principal and the most senior head teacher;
(i) the Secretary to the Committee shall be the most Senior Vice-Principal (Administrative);
(j) one representative of Community Development Association in the Local Government.
26. Functions of the Committee
(1) The Committee shall be subject to the control of the Authority in its Local Government Area and shall be responsible for—
(a) making recommendations to the Authority;
(i) on necessary repairs and renovations of Primary and Junior Secondary schools building in the Area.
(ii) the adequacy of teaching and non–teaching equipment and materials required for the Area.
(b) promoting and encouraging communal interest and participation in the running of Primary and Junior Secondary education in the area;
(c) ensuring good enrolment and full attendance in all Primary and Junior Secondary schools in its area;
(d) keeping the Authority informed of all educational problems in its area; and
(e) performing such other functions as the Authority may assign to it.
27. Regulations
The Board may subject to approval by the Commissioner make regulations generally for carrying into effect the purposes of this Law and specifically for the welfare of staff which includes-
(a) provision of insurance and free health services to teaching and non-teaching staff and as applicable in Service; and
(b) necessary welfare package to any teacher or staff of the Board who may suffer any kind of injury while on duty or who loses his life in the course of duty, and
(c) any other matter incidental to the carrying into effect the purposes of this Law.
28. Seal of the Board
(1) The fixing of the seal of the Board shall be authenticated by the signature of the Chairman or any other member of the Board specifically authorised by the Board to act for that purpose.
(2) Any contract or instrument which, if made or executed by a person not being a body corporate would not be required to be under seal may be made or executed on behalf of the Board by the Chairman or any person specifically authorised by the Board to act for that purpose.
(3) A document purporting to be a document duly executed under the seal of the Board shall be received in evidence and shall, unless the contrary is proved, be presumed to be executed.
29. Transitional Provisions
(1) There shall be vested in the Board all assets and liabilities, funds, resources and other movable and immovable properties which immediately before the commencement of this Law were vested in or were in the possession of or under the control of the State Primary Schools Management Board.
(2) Notwithstanding the dissolution of the State Primary Schools Management Board, if it is expedient that any vacancy in the Board should be filled by a person holding office immediately before the commencement of this Law in the State Primary Schools Management Board, the services of such a person shall be retained and the previous service by such person shall count as service for the purpose of seniority.
30. Repeal of Law L40 of 2004
The Lagos State Primary Schools Management Board Law is repealed.
31. Interpretation
In this Law –
“Authority” means the Local Government Education Authority established under Section 15 of this Law;
“Basic Education” means early childhood care and education and nine years of formal schooling;
“Board” means the State Universal Basic Education Board established by section 1 of this Law;
“Committee” means Community Educational Development Committee;
“Child” or “ward” means a person of Primary and Junior Secondary School age who is between the ages of 6 years and 16 years whether disabled or not;
“Commissioner” means the Commissioner charged with responsibility for education in the State;
“Functions” include powers and duties;
“Junior Secondary School” means a school, which provides a three-year post-primary course of full-time instruction suitable for pupils between the ages of twelve (12) years and fifteen (15) years;
“Ministry” means the Lagos State Ministry of Education;
“Parent” in relation to any child means the person who has the lawful custody of the child and includes a guardian or a person having the care and custody of a child;
“Primary school age” in relation to any person means any age between the age attained at the commencement of the school year after he attains the age of six (6) years and the age attained by the person at the end of the school year after he attains the age of twelve (12) years and accordingly any person shall be deemed to be of primary school age of 6 years and a person shall be deemed to be over primary school age if at the commencement of any school year attained the age of six (6) years and a person shall be deemed to be over primary school age if at the end of the school year he has attained the age of twelve (12) years;
“Primary School” means a school, which provides a six (6)-year basic course of full-time instruction suitable for pupils between the ages of six (6) years and twelve (12) years;
“Public School” “Public Primary School” or “Junior Secondary School” means a primary or junior secondary school, as the case may be, which is assisted out of funds provided by the Federal or State Government or a local education authority or a local government;
“Pupils” where used without qualification, means a person of any other institution intended solely for the education of adults;
“Free services” in respect of Universal Basic Education include books, institutional materials, classrooms, furniture and free lunch;
“Universal Basic Education” means early childhood care and education, the nine years of formal schooling, adult literacy and non-formal education, shills acquisition programs, street children and physically-challenged group.
32. Citation and Commencement
This Law may be cited as the Compulsory Free Universal Basic Education Law 2005 and shall take effect on the 30th day of December, 2005.
LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
