Administration of Primary School Education and Establishment of the Primary Education Board and Authority Law

ADMINISTRATION OF PRIMARY SCHOOL EDUCATION AND ESTABLISHMENT OF THE PRIMARY EDUCATION BOARD AND AUTHORITY LAW

1. Citation This Law may be cited as the Administration of Primary School Education and Establishment of the Primary Education Board and Authority Law.

2. Interpretation In this Law, except where the context otherwise provides- "Authority" means a Local Government Primary Education Authority established under this Law; "Board" means the State Primary Education Board established under this Law; "Chairman" means the Chairman of the Board; "Commissioner" means the Commissioner charged with matters relating to Education in the State; "District" means district, village, community, ward, as the case may be, to suit the requirement of a Local Government Area in the State. "Functions" includes duties and powers; "Government" means Government of Delta State; "Governor" means Governor of Delta State; "State Fund" means the State Primary Education Fund established by Section 6 of this Law.

3. Establishment and functions of the Board (1) There is hereby established for the State, the Delta State Primary Education Board (in this Law referred to as “the Board”) which shall be a body corporate with perpetual succession and a common seal, charged with the following functions- (a) prescribing the minimum standards of primary education in Delta State; (b) inquiring into and advising the Government on the funding of primary education in the State; (c) producing master plans for a balanced and co-ordinated development of primary education in the State and such plans shall include proposals to the Government for – (i) adequate primary education opportunity in Delta State; (ii) the basic State curriculum and syllabus and other necessary instruction materials that are in use in primary schools in the State; (d) collating, analyzing and publishing information relating to primary education in the State; (e) carrying out regular personnel audit in each Local Government Area in the State; (f) managing primary schools in the State; (g) recruiting, appointing, promoting and disciplining teaching and non- teaching staff on salary grade level 07 and above; (h) posting and development of staff including inter-local government transfer; (i) disbursement of funds provided to it from both the Government and other sources; (j) setting up an effective functional supervisory unit; (k) retirement and re-absorption of teachers; (l) undertaking new capital projects; (m) responsibility for the approval, training and retraining of teaching and non- teaching staff; (n) undertaking new capital projects relating to primary school education; (o) assessment and funding of salaries and allowances of the non-teaching staff based on the scheme of service of the Government; (p) ensuring that annual reports are rendered by heads of schools on teachers appointed to serve under them; (q) preparing testimonials and certificates of service for teaching and non-teaching staff whenever necessary; (r) dealing with leave matters including annual vacations; (s) ensuring annual auditing of accounts; and (t) performing such other functions as may be assigned to the Board by the Commissioner. (2) The Board shall establish and maintain an account into which shall be paid and credited all payments made to it from the State Government or any other source. (3) There shall be disbursed from the fund all expenses relating to the management of primary education in the State.

4. Membership of the Board (1) The membership of the Board shall be- (a) a full-time Chairman who shall be the chief executive and accounting officer of the Board, and must be an experienced educationist; (b) two other full-time members; (c) a representative of the Ministry of Education; (d) a representative of the Ministry of Finance; (e) five representatives of the local government councils on biennial free rotational basis; and (f) one representative each of – (i) the Parents/Teachers Association in the State; (ii) the State wing of the Nigeria Union of Teachers; and (g) the Secretary to the Board who shall be an experienced educationist. (2) The Chairman, members who are not ex-officio and secretary of the Board shall be appointed by the Governor on the recommendation of the Commissioner. (3) The Chairman and members of the Board other than ex-officio members shall hold office for 2years beginning from the date contained in their instruments of appointment and may be eligible for reappointment for a further term of three years and no more. (4) The Chairman and other members of the Board may, at any time, be removed by the Governor in his sole discretion. (5) The proceedings of meetings of the Board shall be governed by Schedule 1 of this Law.

5. Appointment of officers and servants (1) The Board may with the approval of the Commissioner appoint persons to be officers and servants of the Commission to carry out its functions and duties. (2) The remuneration and tenure of the officers and servants of the Board shall be fixed by the Board in line with conditions and terms of service in the State.

6. Finances (1) It shall be the obligation of the Government to fund primary education in conjunction with the Local Government Councils in the State. (2) The funding formula indicating the financial responsibility of the Government and Local Government Councils shall be worked out by the Board for the approval of the Governor for inclusion of same in the Annual or Supplementary Budget of the State. (3) The funding formula may be reviewed by the Governor periodically in line with the changes in the State primary education policy.

7. Establishment and Membership of the Local Government Education Authority. (1) There is hereby established, for each Local Government Area of the State, a Local Government Primary Education Authority (hereafter referred to as the “Authority”) that shall be subject to the control of the Board. (2) The Authority shall comprise- (a) a part-time Chairman who shall be a seasoned educationist appointed by the Chairman of the Local Government; (b) one representative of the Ministry of Education; (c) one representative of the Nigeria Union of Teachers in the Local Government Area; (d) one representative of women groups in the Local Government Area; (e) not more than two representatives of religious organisations 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 and who shall represent special interests and shall be appointed by the Chairman of the Local Government. (3) There shall be a Secretary who shall hold office in the first instance for a period of four years and may be eligible for a further period of four years. The Secretary shall be appointed from outside the public service, by the Chairman of the Local Government Area. (4) 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.

8. Functions of the Local Government Education Authority. (1) The functions of the Local Government Education Authority shall be carried out subject to the control of the Education Board. (2) The functions of the Authority shall include- (a) the day-to-day administration of the primary schools in its area of jurisdiction; (b) the appointment, posting, transfer, promotion and discipline of staff on salary grade level 01-06 in its area of jurisdiction; (c) making recommendation to the Education Board on promotion and discipline of teaching and non-teaching staff on salary grade levels 07 and above in its area of jurisdiction; (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 in its area of jurisdiction; (f) acquisition and distribution of materials and equipment to all primary schools in its area of jurisdiction; (g) undertaking general maintenance of primary school buildings and infrastructure in its area of jurisdiction; (h) stimulating, promoting and encouraging communal participation in the running of primary schools in its area of jurisdiction; (i) taking all reasonable steps to ensure full enrolment and attendance in all primary schools in its area of jurisdiction; (j) providing regular feedback to the Board on people’s response to the State Government’s policy on primary education; (k) 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 in its area of jurisdiction; and (l) performing such other functions as may be delegated to it by the Board. (3) Each Local Government Education Authority shall establish and maintain a separate account into which shall be paid and credited such funds and payments as it may receive from the Board, the Local Government and from other sources.

9. Annual budget Recurrent and Capital Estimates. (1) The Board shall submit its annual budget recurrent and capital estimates to the Commissioner for vetting and inclusion in the Ministry’s annual budget proposals. (2) The Board shall diligently implement its budget as contained in the Appropriation Law of the State or Supplementary Appropriation Law. (3) An Authority established under this Law shall submit its annual budget recurrent and capital estimates to the Commissioner for vetting and inclusion in the Ministry’s annual budget proposals. (4) The Authority shall diligently implement its budget as contained in the Appropriate Law of the State or Supplementary Appropriation Law.

10. Pensions (1) It is hereby declared that service of the Board shall be approved service for the purpose of the Pensions Act as adopted by the Pensions Law and accordingly officers and other persons employed in the Board shall be entitled to pensions, gratuities and other retirement benefits as are prescribed thereunder, so however that nothing in this Law shall prevent the appointment of a person to any office on such terms which preclude the grant of a pension, gratuity or other retirement benefit in respect of that office. (2) For the purposes of the application of the provisions of the Pensions Act, any power exercisable thereunder by any authority of the Government of the State other than the power to make regulations under section 23 thereof, is hereby vested in and shall be exercisable by the Board.

11. Maintenance of separate Fund by the Board. (1) The Board shall open an Account from which it shall defray all its expenditure. (2) There shall be paid and credited into the account such payments as may be made to it by the State and Local Government Councils for the running expenses of the Board and all other monies accruing from time to time to the Board otherwise than in issuance of section 6 of this Law. (3) The signatories to the account shall be the executive Chairman and Director of Finance and Supply.

12. Expenditure of the Commission. (1) The Board may, from time to time disburse its funds to- (a) the Authorities in connection with their functions; (b) meeting the cost of administration of the Board; (c) reimbursing members of the Board or of any committee set up by the Board for such expenses as may be expressly authorised by the Board in accordance with the rates approved by the Executive Council; (d) the payment of the salaries, fees, allowances and pensions, allowance and gratuities or other remuneration payable to the officers and servants of the Board, so however that no payment of any kind under this paragraph (except such as may be expressly authorised as aforesaid) shall be made to any person who is in receipt of enrolments from the Government of the State; (e) the maintenance of any property vested in the Board; and (f) footing expenses of performing all or any of its functions under this Law.

13. Annual estimate and accounts The Board shall keep proper records of accounts in respect of its financial year 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 Auditor- General of the State.

14. Annual reports The Board shall prepare and submit to the Executive Council through the Commissioner not later than 30th June in each year, a report in such form as he may direct on the activities of the Board during and immediate preceding year, and shall include in such report a copy of the audited accounts of the Board for that year and the Auditor-General’s report thereon.

15. Powers to obtain information (1) For the purpose of carrying out the functions conferred on the Board under this Law, the Chairman or any other officer of the Board authorised in that behalf- (a) shall have right of access to all the records of any authority or primary education institution to which this Law applies for the specific purpose of discharging its functions under this Law. (b) may, by notice in writing served on any person in charge of such authority or institution, require that person, authority or institution to furnish the information on such matters as may be specified in the notice. (2) It shall be the duty of any person or authority required to furnish information pursuant to subsection (1) of this section to comply with the notice within a reasonable period of time.

16. Procedure for award of contracts All contracts in respect of projects to be executed by the Board in the performance of its functions shall pass through usual procedures for the award of government contracts and the State’s Tender Board. Schedule 1 ADMINISTRATION OF PRIMARY SCHOOL EDUCATION AND ESTABLISHMENT OF THE PRIMARY EDUCATION BOARD AND AUTHORITY LAW PROCEEDINGS OF THE BOARD

1. (1) Subject to this Law and to section 27 of the Interpretation Act (which provides for the decisions of a statutory body to be taken by majority of the members of the body for the person presiding to have a second or casting vote) the Board may make standing orders regulating the proceeding of the Board of any committee thereof (2) The quorum of the Board shall be the Chairman and six other members, and the quorum of any committee of the Board shall be determined by the Board.

2. (1) The Board shall meet not less than four times in each year and subject thereto, the Board shall meet whenever it is summoned by the Chairman, and if the Chairman is required to do so by notice given to him by not less than three other 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, but if he is absent, the members present at the meeting shall appoint one of their members to preside at that meeting. (3) Where the Board desires to obtain the advice of any person on particular matter, the Board may co-opt him as a member for such period as it thinks fit, but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Board and shall not count towards the quorum. (4) Notwithstanding anything in the foregoing provisions of this paragraph, the first meeting of the Commission shall be summoned by the Commissioner. Committees

3. (1) The Board may appoint one or more committees to carry out on behalf of the Board such of its functions as the Board may direct. (2) A committee appointed under this paragraph shall consist of such number of persons (not necessarily all members of the Board) as may be determined by the Board and a person other than a member of the Board shall hold office of the committee in accordance with the terms of his appointment. Miscellaneous

4. (1) The fixing of the seal of the Board shall be authorised by the signatures of the Chairman and of some other members authorised generally or specially to act for that purpose by the Board. (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 executive Chairman, or any person generally or specially authorised to act for that purpose by the Board.

5. A member of the Board or of a committee thereof who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Board or the committee shall forthwith disclose his interest to the Board or committee and shall not vote on any question relating to the contract or arrangement.

6. Members of the Board shall be paid, out of monies at the disposal of the Board, such remuneration, fees or allowances in accordance with such scales as may be approved, from time to time, by the Commissioner.

7. The validity of any proceeding of the Board or of a committee thereof shall not be affected by any vacancy in the membership of the Board or of a committee by reason that a person not entitled to do so, took part in the proceedings. Schedule 2 ADMINISTRATION OF PRIMARY SCHOOL EDUCATION AND ESTABLISHMENT OF THE PRIMARY EDUCATION BOARD AND AUTHORITY LAW PROCEEDINGS OF AUTHORITIES In the absence of standing rules made by the Board regulating the proceedings of an authority, the proceedings in Schedule I shall apply to the authority with necessary modifications and references therein to the Board shall be construed as referring to an Authority.