Education Rules 1974

PART I

Interpretation

1 In these rules, unless the context otherwise requires, —

"the Act" means the Education Act 1954 [title 12 item 1];

"Chief Education Officer" means the Chief Education Officer acting in accordance with the instructions of the Minister;

"dangerous substance" means any substance which is danger ous to a person or which may be dangerous to a person if not handled or dealt with under the supervision of a responsible teacher;

"General Orders" means general orders of the Government regu lating the duties and conditions of service of teachers who are Government employees;

"head teacher" includes an acting head teacher or, in the ab sence of such person, the teacher having charge of the school;

"manager" in relation to any school means the person or body of persons for the time being responsible for the management of the school, and for the purposes of Part III includes any
per son or body of persons proposing to be so responsible;

"primary school" means a school offering primary education;

"school workshop" means any place in school premises in which instruction is given in the use of tools or machinery or where tools or machines are used for the repair, adjustment or manufacture of articles, or for training students for any trade or commercial occupation;

"science laboratory" means any place in school premises in which practical experiments or demonstrations in science subjects are carried out and includes any place where in struction is given in domestic science or homecraft;

"secondary school" means a school offering post-primary educa tion, but does not include the Bermuda College.

PART II

Part II applies to maintained and aided schools

2 This Part shall apply to both maintained and aided schools.

Teachers

3 (1) There shall be in every school—

(a) a head teacher, who shall, unless the Minister otherwise permits, take part in the teaching;

(b) a staff of teachers suitable and sufficient in number to provide education appropriate to the ages, abilities and aptitudes of the pupils.

(2) The head teacher shall not leave the school premises during school hours unless some other teacher has the charge of the school.

Appointment of teachers

4 (1) This rule shall not apply in relation to a teacher who is a public officer within the meaning of section 102 of the Constitution [title 2 item 1].

(2) Subject to this rule and any direction given by the Minister a teacher shall not be appointed or continue in appointment as a teacher unless he is a certificated teacher, that is to say he is a person who holds—

(a) a post-graduate certificate of education or its equivalent recognised by the Minister for the purposes of this rule; or

(b) a teacher's training certificate recognised by the Minister for the purposes of this rule.

(3) Notwithstanding paragraph (2) —

(a) a teacher appointed prior to 10 August 1974 may con tinue in employment as a teacher upon the condition that he becomes a certificated teacher within such time as the Minister may allow;

(b) a person may be appointed who is not a certificated teacher if he holds a degree or equivalent qualification recognised by the Minister for the purposes of this para graph upon the condition that he becomes a certificated teacher within such time as the Minister may allow;

(d) a person who is not a certificated teacher may be em ployed to give instruction in any art or skill or in any subject or group of subjects (including any form of voca tional training) the teaching of which requires special qualifications or experience if, in the case of each such appointment —

(i) he satisfies the Minister as to his qualifications or, as the case may be, experience and capacity for teaching; and

(ii) no certificated teacher is available to give the in struction.

Head teacher

5 Subject to the Act and to these rules the head teacher shall be responsible for the general organisation and management of the school and, without derogation from the generality of the foregoing, he shall—

(a) comply with any direction of the Minister given by him in the exercise of the Minister's powers of control and su pervision under section 18 of the Act or which are oth erwise vested in the Minister under any provision of law;

(b) arrange for the supervising of pupils on the school premises, including the midday interval;

Duties of teachers

6 (1) A teacher shall be required to perform all reasonable duties connected with the work of the school which may be entrusted to him by the head teacher:

Provided that a specialist itinerant teacher employed by the Gov ernment shall be subject to the direction of the head teacher only during the hours of his employment at the school.

(2) The head teacher may at any time visit and observe teach ers while they are engaged in their normal teaching duties in the class room.

Political activities; freedom of expression

7 A teacher wishing to engage in political activities or wishing to make his views known to the general public is subject to the following restrictions —

(a) in making his views known on matters of general inter est to the community he shall ensure that his statement is attributed to him by name;

(b) in publishing, or causing to be published, his opinions concerning matters of educational policy he shall con cern himself with matters which may reasonably be re garded as relating to general principles and not to par ticular details of administration involving criticism of the Government, public officers or other teachers;

(c) he may not act as the editor of any newspaper on sale to the general public or take part directly in the manage ment thereof or contribute anonymously thereto on any matter related to education or his conditions of employ ment;

(d) he shall not undertake any form of political activity during school hours or while he is on duty as a teacher, but subject to the above a teacher shall be free to engage in political activities, both national and local.

Travel abroad

8 (1) Any head teacher intending to travel abroad during school holidays shall send a notification of his intention to the Chief Education Officer, and shall give an address through which he may be reached during his absence from Bermuda, and the home address and telephone number of the teacher delegated to act on his behalf during his period of absence.

(2) A teacher wishing to travel abroad at a week-end during term time or over any official school holiday falling within term time shall—

(a) inform his head teacher;

(b) inform the Chief Education Officer in writing of his in tentions, including his proposed overseas address;

Absences of teachers

9 The head teacher shall be responsible for ensuring that—

(a) all absences of teachers are reported daily by telephone to the Chief Education Officer as they occur;

(b) monthly returns of such absences are submitted as soon as practicable after the end of the month to which they relate;

Non-assigned periods

10 Teachers must not leave the school premises during nonassigned periods without the permission and knowledge of the head teacher.

Out of school employment

11 No teacher shall engage in gainful occupation outside school hours without —

(a) in the case of a teacher at an aided school, the approval of both the manager and of the Chief Education Officer;

(b) in the case of a maintained school, the approval of the Chief Education Officer given in accordance with Gen-
eral Orders.

Notification of change of marital status; success in course of study

12 A teacher shall, as soon as practicable after the event, notify the Chief Education Officer of —

(a) any change in his marital status;

(b) his success in any course of study relevant to his duties as a teacher.

PART III

Part III applies to maintained and aided schools

13 This Part shall apply to both maintained and aided schools.

School hours

14 (1) Unless otherwise sanctioned by the Chief Education Officer, school hours shall be—

(a) in the case of infant classes, from 8.50 a.m. to 3.00 p.m., with a minimum of twenty-two and one half hours instruction each week;

(b) in the case of the remainder of the classes in the primary schools, from 8.50 a.m. to 3.30 p.m., with a minimum of twenty-five hours instruction each week; the school day to commence not earlier than 8.30 a.m. nor later than 8.45 a.m. and to end not before 3.30 p.m.

(c) in the case of secondary schools, a minimum of twenty-seven and one half hours instruction each week; the school day to commence not earlier than 8.30 am. nor later than 8.45 a.m. and to end not before 3.30 p.m.

(2) Hours of instruction will be inclusive of assembly and movement between classes and in all cases, for any extended periods of time that the head teacher may consider reasonable and necessary for the pursuit of games and other extra-curricular activities.

(3) Organised inter-school games may not commence before the beginning of the last period of the afternoon session, but school teams having to travel for matches against other schools may be permitted to leave at such time as is decided by the head teacher.

Terms and vacations

15 (1) The school year shall be two hundred teaching days inclu sive of public holidays falling within term-time, other than Sundays.

(2) Terms shall begin and end on such days as the Minister may determine.

(3) No school shall be required to be kept open on a public holiday.

(4) Half term holidays, amounting to a total of five days in a school year, shall be determined by the Chief Education Officer after consultation with head teachers.

Admission procedure

16 Subject to section 41 of the Act, the admission procedures at schools providing secondary education and the procedures for the allo cation of places in schools providing primary education shall be in ac cordance with instructions issued to these schools by the Minister.

Maximum enrollment; preferences on admission

17 (1) The maximum enrollment permissible for the purpose of section 41 (1) (b) of the Act shall be determined by the Minister and noti fied by him to the manager or authority concerned and this figure as so determined by the Minister shall not be exceeded without the permission of the Minister.

(2) Subject to section 41 of the Act, the manager or authority concerned with admission shall, when admitting or allocating a place to a child, give preference to a child residing closer to the school within the zone in which the school is situated over a child residing farther away in that zone:

Provided that such manager or authority may relax the provi sions of this paragraph in favour of a child whose brother or sister (including step or adopted brother or sister) is a pupil at the school.

Date of applications

18 Application for admission to schools shall be made on such days as may be designated by the Chief Education Officer.

Curriculum

19 No change shall be made in the curriculum of instruction with out informing the Chief Education Officer.

Syllabus

20 The Chief Education Officer may give directions to the head teachers as to the instruction which shall be or shall not be included in the syllabus of any course of instruction.

Directions by Minister as to documents and films

21 The Minister may direct the head teacher that —

(a) the presence of any specified document in the school is prohibited;

(b) any specified document shall not be used in the school;

Examinations

22 (1) The Minister may direct that all or any children at a school shall take any examination that may be required by the Minister and such examination may be conducted either orally or in writing by any of ficer of the Department duly authorised by the Minister in that behalf.

(2) The head teacher shall ensure that normal school teaching periods are not employed in the correction of such internal examinations as take place within the school and for the writing of reports, and that the teaching continues until the end of each term.

Assessments

23 The head teacher shall be responsible for seeing that a continu ous assessment is made of a pupil's progress in school and that appro priate records thereof are kept.

Truancy

24 The head teacher shall notify the Chief Education Officer if he has reason to believe that any pupil of compulsory school age is wilfully failing to attend the school.

Time of collective worship

25 Collective worship as provided for in section 20 of the Act shall terminate not later than 9.10 a.m.

Parent-teacher associations

26 A head teacher or the manager may seek the advice of a parent-teacher association on any matter which falls within the ambit of his re sponsibilities but neither the head teacher nor the manager shall dele gate to such an association the power to make any decision concerning the management or operation of the school or permit such an association to exercise such power.

Fire precautions

27 (1) The head teacher shall draw up a practical scheme for the evacuation of the school premises in case of fire, shall ensure that fire drill including the use of all exits from the school premises is carried out by the teachers and pupils at least once in every term, and shall keep a record of all such drills in the school log book. The written record shall record the time taken to evacuate the school premises during the fire drill.

(2) The head teacher shall ensure that exits from all classrooms and the school premises are free from obstruction at all times.

(3) The head teacher is responsible for reporting any defects in the fire fighting equipment immediately to the Chief Education Officer.

(4) The Chief Education Officer may by notice in writing to the manager of an aided school require the installation of any apparatus or equipment necessary as a safeguard against fire and within the period specified in such notice the manager shall comply therewith. _

First aid

28 (1) There shall be provided in the premises of every school at least one first aid box.

(2) First aid boxes shall be maintained and be fully equipped at all times.

School workshops and science laboratories

29 (1) The head teacher shall ensure that all necessary safety pre cautions are adopted in school workshops and science laboratories and shall modify or extend these precautions as the Chief Education Officer may require.

(2) The head teacher shall ensure that no instruction is given in the use of tools or the operation of machines or in science experiments except by a responsible teacher.

(3) All machines, machine tools, hand tools and other equip ment in a school workshop or science laboratory shall be suitable for the courses and shall be maintained in proper working order.

(4) No pupil shall be permitted to enter any school workshop
or science laboratory unless a teacher is present.

(5) No poisonous or dangerous substance shall be kept without the permission of the Chief Education Officer in any place in school premises except in a science laboratory or a storeroom that has been ap proved in writing by the Chief Education Officer.

(6) The head teacher shall appoint a teacher to be in charge of every science laboratory and storeroom which has been approved by the Chief Education Officer under paragraph (5).

(7) A teacher who has been appointed under paragraph (6) shall—

(a) cause every poisonous substance and dangerous sub stance in such laboratory or storeroom —

(i) to be kept in a proper container clearly marked with the name of the substance, and with the word "dangerous" or any word or words of simi lar meanings;

(ii) to be stored in a locked room or cupboard, ex cept when the substance is being used in practi cal classes carried out under the control of the teacher; and

(b) keep the key to such locked room or cupboard in his control.

Physical education

30 The head teacher shall ensure that —

(a) no instruction is given in physical education except by a responsible teacher;

(b) all physical education equipment is kept in good order;

Serious accidents

31 The head teacher shall notify the Chief Education Officer in such form as the Chief Education Officer may determine of any serious acci dent to a pupil or a teacher on school premises, or sustained by a pupil off school premises while in the charge of a teacher, as soon after the event as is reasonably practicable.

Suspension of pupil for short period

32 (1) The head teacher may suspend a pupil for a period up to but not exceeding one week if he is of the opinion that adequate cause therefor exists, but if he does so he must immediately notify the Chief Education Officer in writing, giving the reasons for such suspension.

(2) The parent of any child suspended from school shall have the right to appeal against such suspension to the Minister.

Expulsion or suspension indefinitely

33 (1) No pupil shall be expelled or suspended indefinitely from any school without the prior approval of the Chief Education Officer.

(2) The parent of a child expelled in accordance with subpara graph (1) shall have the right of appeal to the Minister.

(3) If in the opinion of the Minister the behaviour of any pupil is undesirable or improper or contrary to the good of the school or the other pupils he may require the head teacher to expel such pupil from the school or to suspend him for such time and under such conditions as the Minister may specify.

Pupils leaving school

34 No child shall be permitted, except on the most urgent request of his parent or guardian, or for educational, dental or medical reasons, to leave school before the close of the morning or afternoon session. Such permission shall only be granted by the head teacher. Absences for den tal or medical reason shall be recorded in a book to be known as the "absence book",

Television and broadcasting

35 Head teachers shall ensure that groups of children representing their school are not permitted to take part in any visual or sound broad cast without prior permission from the Chief Education Officer.

Corporal punishment

36 (1) Corporal punishment shall not be administered except by the head teacher or acting head teacher, or by an assistant teacher in his or her presence.

(2) A girl shall not receive corporal punishment except at the hands of a member of her own sex.

What registers are to be kept

37 (1) The head teacher shall cause to be kept —

(a) an admission register;

(b) an attendance register;

(d) a punishment book;

(e) an absence book,

in such form as the Minister may, from time to time, require.

(2) The names of all pupils who have attended the school at any time during a term shall be placed upon the attendance register for that term.

(3) The log book shall contain all necessary entries concerning the school's routine, including all educational visits made by the pupils.

(4) The punishment book shall set out the name of the pupil to whom corporal punishment is administered, the date of such adminis tration, the nature of the punishment, and the name of the teacher ad ministering the punishment.

(5) Admission registers must be preserved, other records kept under this rule may be destroyed five years after they cease to be used.

(6) The absence book shall include the names of all children who are absented from lessons for dental and, additionally or alterna tively, medical visits.

PART IV

Part IV applies only to aided schools

38 This Part shall apply to aided schools.

Manager to comply with directions

39 The manager shall comply with any direction of the Minister given to the manager in the exercise of the powers of the Minister under section 18 of the Act or which are otherwise vested in the Minister under any provision of law.

Employment of teaching staff

40 (1) It shall be the duty of the manager to ensure that the con ditions of employment of members of the teaching staff (including salaries, emoluments, allowances and leave privileges) are the same as those of members of the teaching staff employed by the Government.

(2) No teacher may be appointed without the consent of the Permanent Secretary.

(3) Every locally engaged teacher shall receive a letter of ap pointment from the manager, and every other teacher shall enter into a contract, in such form as the Minister may approve. such contracts and letters of appointment shall contain provision for the termination thereof by notice of not less than three months to be given by either party:

Provided that in the case of notice given by the teacher —

(a) it shall not be such as to result in the termination of service except at the end of any particular term:

(b) in the case of termination to take place after the end of the summer term and before the beginning of the Christmas term, it shall be given not later than the 1st day of January, to be confirmed or withdrawn not later than the 1st day of February.

(4) The provisions of paragraph (3) shall be without prejudice to the power of the manager acting with the approval of the Minister to ter minate a contract without notice for misconduct or inefficiency or to ter minate a probationary appointment; but such powers shall be exercised in accordance with rule 42.

(5) All new appointments shall be subject to a probationary pe riod of twelve months.

Suspension of teachers

41 The manager shall report the suspension of a teacher to the Chief Education Officer as soon as practicable after the event and the Chief Education Officer may, thereupon, either confirm the suspension or order its revocation.

Termination of employment of teachers

42 (1) The manager shall not dismiss or retire a teacher without giving him an opportunity of appearing before the manager accompanied, if he so desires, by someone speaking on his behalf.

(2) Notwithstanding any term to the contrary in a teacher's contract of employment, no teacher who has served in a school for a pe riod of ten years or more in such circumstances that a pension may, for that reason, be awarded him under the Public Service Superannuation Act 1981 [title 9 item 31], if the termination of his service were to take place on one of the grounds specified in that Act (whether or not this is the ground upon which the manager desires to terminate his services) shall be dismissed or retired without —

(a) the approval of the appropriate authority under that Act in the case of retirement on grounds where the approval of such authority is a condition precedent to the grant ing of a pension;

(b) the approval of the Minister in all other cases.

(3) A teacher retired or dismissed with the approval of the Minister under paragraph (2) on grounds other than misconduct may, for the purposes of claiming a pension under the Public Service Superannu ation Act 1981 [title 9 item 31], require the Minister to certify to him the grounds upon which he was retired.

(4) Nothing in this rule shall apply —

(a) where a teacher has been engaged for a period of time fixed in his contract, to the termination of such teacher's employment at the end of such period;

(b) to the dismissal of a teacher during his period of proba tion;

(d) to the termination of the employment of a teacher who fails to comply with a condition of the nature specified in rules 4(3)(a) and (b).

Grants

43 (1) Grants may be made out of public funds to or in respect of a school —

(a) in respect of expenditure on the acquisition of any land or buildings, or the provision of buildings, furniture or equipment;

(b) in respect of the maintenance and operation of a school;

(2) Grants shall be paid on condition that the school observes the requirements applicable to it in the Act and these Rules.

(3) Where the Government constructs any works upon school premises such works shall be deemed to be a capital grant-in-aid of such amount as the Minister of Works and Engineering may certify as being the true cost thereof.

(4) A grant may be made subject to such conditions, in eluding conditions as to the repayment thereof, as the Minister may determine.

(5) A grant in respect of the salary, emoluments or al lowances payable by the manager to any teacher —

(a) shall be at the rates from time to time applicable in rela tion to the salaries, emoluments and allowances of teachers who are employees of the Government;

(b) shall be paid directly by the Accountant General to the teacher in respect of whom the grant is made.

(6) In making any payment to a teacher under paragraph (5) the Accountant General shall be deemed to be the agent of the manage and may, on behalf of the manager, deduct from the payment any mon eys which the manager is required or permitted under any provision of law to deduct.

(7) Proper account shall be kept by the manager of all grant re ceived by it and the disbursement thereof.

Repair

44 All school premises shall at all times be kept in a satisfactory state of repair.

Lighting and ventilation

45 All school premises shall be adequately ventilated and lighted.

Structural alterations

46 Except with the consent in writing of the Minister there shall not be made any structural alterations to the school premises.

PART V

Revocation

47 [omitted]

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[Amended by
BR 33/1985
1988 : 19]

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Bermuda Consolidated Legislation

Education Rules 1974