Prologue (Education Act 2028)

Education Act 2028 B.S. was enacted by King Mahendra Bikram Shah to provide Education in Schools according to the National Education System Plan. It consists of 21 Sections and was developed upon the advice of Rastriya Panchayat.

The Preamble of the Education Act has stated that its objective is to promote Quality Education through Improvements in the management of Schools, present and future in Nepal.

It has been prepared to develop Human Resources for Sustained National Development and maintain good conduct and morality of the People.

Attributes and Features

Types of Education

Pre-Primary School

It refers to education institutions with one year of education before the Primary Level for children who have completed the age of four years.

Primary Education

It includes education from Classes one to Five

Lower Secondary Education

It includes education from Class Six to Class Eight.

Secondary Education

It includes education from Class Nine to Class Ten.

Special Education

It refers to education designed for children who are blind, deaf, mute, or have physical and mental disabilities.

Community School

Community Schools are those Educational Institutions that have received approval and regular financial support from the government of Nepal.

Institutional School

Institutional Schools have obtained approval for operation but not regular grants from the Government of Nepal.

Higher Secondary Education

It refers to the education provided from Class Eleven to Class Twelve.

Procedure for Opening Schools

The Procedure for Opening Schools in Nepal is as follows according to the Education Act 2028:

  1. If anyone, except the Government of Nepal, wants to open a school, they must apply to the government or the designated official. The Application needs to be referred to with a recommendation letter from the District Education office. It must mention the method of operation of the School, as a company or a Trust.
  2. Once the application is received, the government or the designated official will investigate it. If everything looks good, they will grant permission to open the school but with the inclusion of prescribed conditions.
  3. If the school meets the prescribed conditions, it will receive approval from the government or the designated official.
  4. If a school was already operating before a specific date and was not registered as a company or educational trust, it needs to apply within one year.
  5. If such schools apply to be registered, an investigation will be conducted, and if it’s reasonable, the school will be approved to continue operating.

However, Some schools cannot operate as companies, like those in government or public buildings, on government land, or donated land.

If a school initially runs as a company and wants to switch to an educational trust, it can do so by following the necessary legal procedures.

Educational trusts must have specific requirements, such as a corporate body, a minimum number of trustees, and auditing of financial accounts.

Medium of Language

According to Section 7 of the Education Act, the medium of Education in a school in Nepal can be Nepali Language, English Language, or both languages.

It has also provisioned that education up to the Primary Level can be imparted in the Mother Tongue. However, while teaching a language subject in a school, the medium of education must be the same language. Whereas a compulsory Subject in the English Language is taught, the medium of Education must be English.

District Education Office

Section 10 of the Education Act has provisioned for a District Education Office in each District and their duties and functions must be exercised as it has been prescribed.

District Education Committee

The Functions, Duties, and Powers of the District Education Committee are as follows:

a. To formulate strict-level education plans,

b. To encourage the Village Development Committee and Municipality to provide financial assistance to the Community Schools,

c. To assist in conducting the examinations in the district in a dignified and fair manner,

d. To manage accumulating resources for the development of quality education in the district,

e. To fix the remuneration for the auditor of the Community School,

Members of the District Education Committee

(a) The person in charge of the District Development Committee or someone authorized to act as the leader is the Chairperson.

(b) The Chief District Officer is a Member.

(c) The Secretary to the District Development Committee is also a Member. (Additional details for (c1) are missing in the provided text.)

(d) Four teachers are chosen by the District Education Committee. It includes two women with at least ten years of experience from these schools in the district: Higher Secondary Schools, Secondary Schools, and Primary Schools.

(e) A person selected from among the chairpersons of the Community School Management Committee in the district, appointed by the District Education Committee, is a Member.

(f) A person chosen from among the chairpersons of the Institutional School Management Committee in the district, appointed by the District Education Officer, is a Member.

(g) A person selected from among the chairpersons of the Village Education Committee by the District Education Committee is a Member.

(h) The President of the District Level Teachers’ Union is a Member.

(i) The District Education Officer is the Member Secretary.

Teaching Service Commission

Section 11 B of the Act has provisioned for a Teaching Service Commission to appoint teachers to fill the vacant positions in Community Schools. The Commission also recommends for the promotion of Teachers.

The Commission is composed of the President and Two Other Members. To appoint these members, a committee is formed under the Leadership of the Chairperson of the Public Service Commission, the Vice-Chancellor of Tribhuvan University, and the Secretary at the Ministry of Education and Sports. They have a tenure of Five years.

Qualifications

  • Being a Nepalese Citizen
  • Holding a master’s Degree from a government University
  • Not being a member of a Political Party for at least two years before the appointment
  • Being at least Forty Years of Age
  • Having a minimum of five years of service in a special class of the government of Nepal for the chairperson or at least Fifteen years of Experience in the fields of Law, Education, or Administration for a member

The Acy has also established the procedure for the recommendation of a Permanent Teacher.

First, the details of Vacant positions must be collected and an advertisement must be announced through an Open Competition along with a selection process with the written exam, interview, and practical examination.

This Commission must publish an annual advertisement for vacant positions and recommend appointment or promotion.

The Commission is also required to submit an annual progress report to the Government of Nepal within three months of each Fiscal Year.

Village Education Committee

The Village Education Committee is responsible for the supervision and management of schools within each Village Development Committee along with coordination among various schools.

Teaching License

As stated in the Education Act 2028, it is mandatory for anyone desiring to become a teacher to obtain a teaching license from the Commission.

The Commission can hold examinations and facilitate the issuance of Teaching Licenses and those who successfully pass the examination are granted Teaching Licenses.

Teachers with Temporary Teaching Licenses must obtain a permanent license from the Commission within Five Years.

School Management Committee

The Act has provisioned that a school Management committee is necessary for the operation, supervision, and management of every community School.

Functions, Rights, and Duties of the School Management Committee

(a) To mobilize the resources and means available for the operation of the school,

(b) To maintain or cause to maintain the records of the movable and immovable property of the school and protect them,

(c) To maintain and update the records of the academic, physical, and financial data and details of the school,

(d) To approve the annual budget of the school and inform the same to the Village Education Committee and District Education Office,

(e) To prevent polluting the environment of the school on the grounds of politics, religion, and commonality in order to maintain the academic environment of the school conducive,

(f) To assign duties to the teacher deputed by the District Education Office,

(g) To carry out the annual audit of the school by the auditor appointed by the District Education Office,

(h) To take necessary action under the auditor’s report and submit such report to the District Education Office,

(i) To abide by the orders and instructions issued by the District Education Committee and District Education Office,

Other

The Act has provisioned for a Rural Education Development Fund to assist in the development of the Community Schools run in the rural areas and enhance their academic standards.

It has also incorporated a Fund Management Committee to operate the Rural Education Development Fund.

Moreover, the Act has also established a District Education Fund in each District and a school fund in Each School.

Epilogue

Education Act 2028 was enacted to modernize the Education System of Nepal and is still prevalent to this Date surpassing the Three Constitutions of 2019, 2047, and 2063 B.S.

This Act has defined the Hierarchy of the Education System in Nepal and the procedure for Schools to be registered for dispensing Education.

It has also encouraged Village and Rural Initiatives to promote Education amongst the Nepalese People through the District Education Committee, Rural Education Fund, and much more.

Cite