Delta State Universal Education Law

1. Citation and commencement. This Law may be cited as the Delta State Universal Basic Education Law, 2006 and shall come into force on the 16th day of March 2006.

2. Interpretation. In this Law, unless the context otherwise provides- "Appropriate authority"means the Ministry of Education; "Authority" means a Local Government Primary Education Board established under this Law; "Basic Education" means early childhood care and education and nine years of formal schooling; "Board" means the Delta State Universal Basic Education Board established under this Law; "Chairman" means the Chairman of the Board; "Child or ward" means a person of primary and junior secondary school age of 6 years and 16 years whether physically challenged or not; "Commission" means the .Universal Basic Education Commission established by the National Assembly of the Federal Republic of Nigeria; "Commissioner" means the Commissioner charged with matters relating to Education in the State; "District" means district, village, community or ward; "Federal Fund" means the Universal Basic Education Fund established under Part III of this Law; "Functions" includes duties and powers; "Governor" means the Governor of Delta State of Nigeria; "House" means the Delta State House of Assembly; "Junior Secondary School" means a school which provides a three-year post-primary course of full-time instruction suitable for pupils between the age of twelve years and fifteen years; "Local Education Authority" means the Local Government Education Authority established under section 12 of this Law; "Members" refers to members of the Board and includes the Chairman; "Parent in relation to any child" means the person who has the lawful custody of the child includes a guardian or a person having the care and custody of a child; "Primary School" means a school which provides a six-year basic course of fulltime instruction suitable for pupils between the age of six years and twelve years; "Primary school age" means age between six and twelve years; "Public School", "Public Primary School" or "Junior Secondary School" means a school, primary or junior secondary school, as the case may be, which is assisted from funds provided by the Federal or State Government or a local education authority or a local government; "Pupil" where used without qualification, means a person of any age for whom education is provided under this Law; "Services" means books, instructional materials, classrooms, furniture and lunch that should be provided free of charge; "School" means a primary or junior secondary school but does not include a class for religious instruction, a trade Centre, a training college or any other .institution intended solely for the education of adults; "School Committee" means members of the Governing Council of each school in the Local Government Education Authority; "State" means Delta State of Nigeria; "State Fund" means the Delta State UBE Fund established by section 9 of this Law; "Universal Basic Education" means early childhood care and education, the nine years of formal schooling, adult literacy and non-formal education, skills acquisition programmes and the education of special groups such as nomads and migrants, girl-child and woman, almajiri, street children and physically challenged groups.

3. Establishment and functions of the Board. (1) There is hereby established for Delta State a body to be known as the Delta State Universal Basic Education Board which shall be a body corporate having perpetual succession and a common seal charged with the following functions- (a) management of primary schools, nomadic schools and junior secondary schools in the State; (b) recruitmerit, appointment, promotion and discipline of teaching arid non teaching staff on salary grade level 07 and above; (c) posting and deployment of staff including inter-state transfer; (d) disbursement of funds provided to it from the Federal, State and. Local Governments; (e) setting up an effective functional supervisory unit; (f) retirement and re-absorption of teaching and non-teaching staff; (g) undertaking new capital projects; (h) approving the training and retraining of teaching and non-teaching staff; (i) assessing and funding of salaries and allowances of teaching and non-teaching staff based on the scheme of service drawn up-by the State Government; (j) ensuring that annual reports are rendered by Education Secretaries, Heads of Schools and teachers appointed to serve under them; (k) preparing testimonials, and certificates of service for teaching and non-teaching staff whenever necessary; (l) dealing with leave matters including annual vacation; (m) ensuring annual auditing of accounts; (n) maintenance and rehabilitation of dilapidated classrooms/schools and other school infrastructures; (o) physical/environmental development in line with child-friendly schools initiative (CFSI); (p) promoting relationship with and co-ordination of assistance by donor agencies such as UNICEF, World Bank, UBE, etc; (q) establishing an office for a Principal who shall head the JS I - III; (r) purchase and distribution of instructional materials; (s) carrying out mass mobilisation and sensitisation of the general public and entering into partnership with communities and all stakeholders on basic education with the aim of achieving over-all objectives; (t) co-ordination and supervision of teaching and learning in public primary Schools and junior secondary schools in the State; (u) providing subvention or grant-in-aid to public primary and junior secondary schools in the State; (v) performing Such other functions as may be assigned to the Board by the State Government or the Commission. (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 funds of the Board all expenses relating to the management of primary and junior secondary education in the State.

4. Membership of the Board (1) The membership of the Board shall be as follows— (a) a full-time Chairman to be appointed by the Governor who shall-be the chief executive and accounting officer of the Board and must be an experienced and seasoned educationist; (b) three full-time members appointed by the Governor; (c) one ex officio member to represent the Ministry of Education in the State, not below the rank of Director; (d) three ex officio members to represent the Local Governments from the three senatorial districts; (e) one representative each from— (i) the Federal Ministry of Education; (ii) the Parents/Teachers Association (PTA) in the State; (iii) the State wing of the Nigerian Union of Teachers (NUT); (iv) the Ministry of Finance not below rank of Director; (v) Non-Academic Staff Union/Non-Teaching Staff Union; (vi) the Conference of Primary School Head Teachers of Nigeria (COPSHON); (vii) All Nigeria Conference of Principals of Secondary School (ANCOPS); (viii) Association of Private School Owners. (2) There shall be a Secretary to the Board who shall be an experienced, seasoned and serving educationist and shall be appointed by the Governor.

5. Functions of the Secretary to the Board The Secretary to the Board shall— (a) be the chief administrative officer; (b) keep record of the proceedings of the Board or any committee appointed by the Board; and (c) perform such other duties as the Board or any committee appointed by the Board may from time to time assign as appropriate.

6. Tenure of office The Chairman, Secretary and other full-time members of the Board shall hold office for a period of four years and shall be eligible for re-appointment for a further period of four years.

7. Appointment of staff of the board. (1) The Board shall appoint persons to be officers and servants of the Board 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 the conditions and terms of service in the State.

8. Removal from office The Chairman or any member shall be removed from office by the Governor for inability to discharge the functions of his office whether arising from infirmity of mind or body, misconduct or any other cause.

9. Sources of funds. (1) The universal basic education in the State shall be financed by the Federal, State and Local Governments from funds approved by law, viz.- (a) funds allocated to the state and local government education authorities by the Commission from the grant allocated/accruing to it front the Consolidated Revenue Fund of the Federal Government; (b) appropriate credits from the Commission as may be credited directly to the accounts by the Board or local education authorities or relevant agencies; (c) local and international donor grants; (d) provision for basic education in the annual budgets of Local Governments. Such provision must not be less than 45 percent total revenue accruing to the "Local Governments from Federal and State Governments and must be sufficient to cater for the personnel emoluments of teaching and non-teaching staff of local education authorities and their overhead costs (overhead cost of LGEAS shall be 10 percent of total emolument the LGEA) and shall be treated as first charge by the State, and Local Government Joint Accounts Allocation Committee (SLGJAAC); (e) intervention funds accruing to the Commission from the Federal Government of Nigeria; (f) reasonable proportion of funds allotted to basic education by the State Government vide its annual budget which shall not be less than 15 percent of the Local Government contribution to basic education. Such funds shall be released, regularly for the running of the Board, provision of infrastructure in schools and general development of Universal Basis Education in the State; (g) funds provided by the State Government for the payment of salaries for staff of junior secondary schools and for provision and maintenance of infrastructures; (h) funds provided by the State Government for the payments pf the State Universal Basic Education Board Headquarters staff; (i) other sources as may from time to time be approved by the Govern

10. Proceeds of the Board’s funds The Board may from time to time apply the proceeds of its fund established pursuant to section 11 of this Law in any of the following ways— (a) to the cost of administration of the Board; (b) for reimbursing members of the Board in accordance with the rates approved by the State Government; (c) for and in connection with all or any of its functions under this Law while serving in any of the bodies; (d) provision of subvention and grant-in-aid to public primary schools and junior secondary schools in the State.

11. Establishment of the Board’s Funds (1) The Board shall establish and maintain a find separate from the National Fund as to both principal and interest, 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 expenditure relating to the management of primary education and junior secondary schools in the State shall be defrayed by the Federal, State and Local Government Joint Account.

12. Annual estimates and accounts. (1) The Board shall, not later than 31st October in each year submit to the State Ministry of Education estimates 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.

13. Salaries and allowances of members. A member of the Board shall be paid out of the monies at the disposal of the Board such remunerations, fees or allowances as contained in the relevant establishments circulars of Delta State.

14. Establishment of Local Government Education Authority. There is hereby established for each Local Government of the State, a Local Government Education Authority, which shall be subject to the control of the Board.

15. Membership of the Local Government Education Authority. The Local Government Education Authority Shall comprise— (a) a part-time Chairman who shall be a seasoned educationist appointed by the Chairman of the Local Government Council; (b) one representative of the Ministry of Education; (c) one representative of the Nigeria Union of Teachers (NUT) in the Local Government Area; (d) one representative of Women’s Group in the Local Government Area; (e) one representative of the Parents/Teachers Association (PTA) in the Local Government Area; (f) non-academic Staff Union/Non-Teaching Staff Union; (g) the Conference of Primary School Head Teachers of Nigeria (COPSHON); (h) all Nigeria Conference of Principals of Secondary Schools (NCOPS); (i) Associated of Private School Owners; (j) two eminent persons, who are normally domiciled in the Local Government and who shall be appointed by the Chairman of the Local Government; (k) the Secretary who shall be a university graduate with cognate experience and seasoned educationist who shall be appointed by the Chairman of the Local Government subject to the ratification of the Board.

16. Tenure of office of Secretary of the Authority. The Secretary of the Local Government Education Authority shall hold office in the first instance for a period of four years, and shall be eligible for re-appointment for a further period of four years only.

17. Functions of the Authority’s Secretary. The Secretary of the Local Government Education Authority shall be the Chief Executive of the Education Authority and shall be responsible for the day-to-day administration of the affairs of the Authority.

18. Resignation and removal from office. (1) The Education Secretary may by notice to the Board resign his office as Education Secretary to the Local Government Education Authority. (2) The Education Secretary may at any -time be removed from office for inability to discharge the duties of his office arising from infirmity of mind or body, or for an act of misconduct. Delta State Universal Basic Education Law.

19. Functions of the Authority. The functions of the Local Government Education Authority shall be carried out subject to the control of the Board. The said functions shall include- (a) to supervise the administration of primary schools and JSI-III and nomadic schools in their areas of jurisdiction and shall include making recommendations— (i) to the Local Government Executive Chairman on appointment, posting, transfer, promotion and discipline of staff on grade levels 01-06 in its area of jurisdiction; (ii) to the Board on promotion and discipline of teaching and nonteaching staff on grade levels 07 and above in its area of jurisdiction; (b) submission of annual estimates, annual accounts and monthly returns to the Board; (c) payment of salaries, allowances and benefits to all the teaching and nonteaching staff in its area of jurisdiction; (d) acquisition and distribution of materials and equipment to all primary and nomadic schools as well as JSI-III in its area of jurisdiction; (e) undertaking general maintenance of primary schools and nomadic schools as well as JSI-III schools buildings and infrastructures in its area of jurisdiction; (f) stimulating, promoting and encouraging communal participation in the running of primary schools, nomadic schools and JSI-III schools in its area of jurisdiction; (g) taking all reasonable steps to ensure full enrolment and attendance in all primary, nomadic and JSI-III schools in its area of jurisdiction. (h) providing regular feedback to the Board on people’s reaction to Government’s educational measures in its area of jurisdiction; (i) ensuring that annual reports are rendered to. the Board on all activities of the Authority during the preceding year, especially on teaching and nonteaching staff in its area of jurisdiction; (j) supervising ail Education Committees in its area of jurisdiction; and (k) performing such other functions as may be delegated to it by the Board.

20. Separate account by the Authority. Separate account by the Authority Each Local Government Education Authority shall establish and maintain a separate account into which shall be paid in and credited such payments as may be made to it by the Board and the Local Government.

21. Payment of the revenue collected by schools heads and maintenance of proper records. (1) It shall be the responsibility of each School Head to collect all approved revenue payable at the schools and to pay such revenue promptly into an appropriate bank account of the Local Government Area. (2) Every school shall maintain proper records of all monies or gifts received, and all expenditure incurred on behalf of the schools, and render full account –monthly to the Authority or at such period as may be prescribed by the Authority.

22. District education committee. There is hereby established in each district of the Local Government Area of the State, a District Education Committee.

23. Membership of the District Education Committee. The District Education Committee shall comprise not more than twelve members and shall include— (a) a part-time Chairman who shall be a recognized Community Leader appointed by the Chairman of the relevant Local Government (b) two representatives of Parents/Teachers Association (PIA) in the area; (c) one representative of women’s group in the district; (d) one representative of the Nigeria Union of Teacher (NUT); (e) Non-Academic Staff/Non-Teaching Staff Union; (f) one representative of the business community within the district; (g) two other members who are educationists and from the locality to be appointed by the Chairman of the Local Government; and (h) the Secretary to the District Education Committee who shall be a senior head teacher in the locality.

24. Function of the District Education Committee. The District Education Committee shall be subject to the control of the Authority in its local area and shall be responsible for— (a) recommending to the Authority— (i) necessary repairs and renovations of primary schools buildings in the area; (ii) the adequacy of human and material resources for -teaching and learning in the Area; (b) promoting and encouraging communal interest and participation in the running of Primary Education in the Area; (c) ensuring good enrolment and full attendance in all primary 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 from time to time assign to it.

25. Equity of right to education. There shall be equal right or opportunity to education to all citizens of-Delta State.

26. Right of a child to compulsory free universal basic education, etc. (1) The State Government shall provide free compulsory and universal basic education for every child of primary and junior secondary school age. (2) Every parent shall ensure that his child or ward attends and completes his— (a) primary school education; and (b) junior secondary school Education, by endeavoring to send the child to primary and junior secondary schools. (3) The stakeholders in education in a Local Government Area shall ensure that every parent or person who has the care and custody of a child performs the duty imposed on him under section 26 (2) of his Law. (4) A parent who contravenes section 26 (2) of this Law commits an offence and is liable— (a) on first conviction, to be reprimanded; (b) on second conviction, to a fine of N2,000.00 or imprisonment for a term of 1 month or both; and (c) on subsequent conviction, to a fine of N3,000.00 or imprisonment for a term of 2 months or both.

27. Service in public primary and junior secondary schools are free of charge. (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 provisions of subsection (1) of this section commits an offence and is liable on conviction to a fine not exceeding N10,000.00 or imprisonment for a term of 3 months or both.

28. Duty of parent/guardian to ensure the education of his child. (1) Every parent shall ensure that his child receives full-time education suitable to his age, ability and aptitude by regular attendance at school. (2) The provisions of section 26 (2) and 26 (4) of this Law shall not apply to any parent who, for the time being, is resident outside Delta State.

29. Auditing of the Authority’s accounts The Auditor-General (Local Government) shall conduct a quarterly audit of the account of each Local Government Education Authority and report to the House.

30. Failure to enforce this Law. Where the Board fails to enforce any of the provisions of this Law, the Board whose responsibility it is to execute or implement same shall be removed of suspended from office by the Governor.

31. Duty to disclose interest. 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 the Committee and shall not vote on any question relating to the contract or agreement.

32. Seal of the Board: (1) The fixing of the seal of the Board shall be authenticated by the signature of the Chairman of 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 on executed on behalf of the Board by the Chairman or any person generally or specially authorised to act for that purpose by the Board.

33. Annual report. The Board shall prepare and submit to the State Government not later than 30th June in each year a report in such form as it may direct on the activities of the Board during the immediately preceding year and shall include in such report a copy of the audited account of the Board for the year and the Auditor-General’s report therein.

34. Access to records. (1) For the purpose of carrying out the functions of the Board under this Law, the Chairman— (a) shall have right of access to all the records of any institution or authority to which this Law applies for the specific purpose of discharging his duties under this Law; (b) may, by notice in writing, served on any person in charge of such institution or authority, require such person or authority to furnish information on matters 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. (3) In this section the reference to an institution is reference to a primary school and junior secondary I—III as the case may be and any other institution in the State recognized for that purpose by the Board.

35. Other staff of the bodies. The officers and servants of each of the bodies, other than the Chairman, may be appointed by each body by way of transfer or secondment from any of the public services of the State.

36. Approval of service in the Board. It is hereby declared that service in the Board shall.be approved service for the purposes of the Pensions Act and, accordingly, officers and other persons employed in the Board shall be entitled to pensions, gratuity and other retirement benefits as duly prescribed so that nothing in this Law shall prevent the appointment of a person to any office on terms which preclude the grant of a pension, gratuity or other retirement benefits in respect of that office.

37. Legal proceedings. (1) No suit against the Board or against any member, officer or employee of the Board respecting any act, neglect or default done or committed in his capacity as such member, officer or employee, shall lie or be instituted in any court unless it is commenced within three months from the occurrence of the act, neglect or default, or in the case of a continuance of damage or injury within three months immediately after the cessation thereof. (2) No suit shall be commenced against the Board or against any member, officer or employee of the Board respecting any act, omission, neglect or default done or committed in his capacity as such member, officer or employee, unless, at least, one month of a written notice by or on behalf of the intending plaintiff’s intention to commerce that said suit has been served on the officer or Board stating as follows— (a) the cause of action; (b) the particulars of claim; and (c) the name and place of abode of the intending claimant.

38. Service of notice of summons. The notice referred to in section 37, and any summons, notice or other documents required or authorised to be served shall be served by— (i) delivering same to the Chairman; or (ii) sending it by registered post and addressed to the Chairman.

39. Representing the Board in Court. (1) In any suit by or against the Board, the Board shall without prejudice to any other form of representation, be represented at any stage of the proceeding by any member, officer, or both or any legal practitioner. (2) ln any suit against the Board, no execution, attachment or process shall be issued against the Board, but any sum of money which may be awarded against the Board by any court where notice of appeal has been given by the Board in respect of any judgment, decision, or order of the court may be paid by the Board from the funds of the Board.

40. Repeal of State Primary Education Board Law. The State Primary Education Board Law is hereby repealed.

41. Assets and liabilities of State Primary Education Board now vested, in the Board. By virtue of this Law without further assurances, there shall be vested in the Board, all assets and liabilities, fund, resources and other movable and immovable property which immediately before the commencement of this Law were vested in or were in possession or under the control of the Delta State Primary Education Boards.

42. Retention of service. Notwithstanding the dissolution of the State Primary Education 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 Education Board, it shall retain the services of the person and the previous services by such person Shall count as service for the purpose of security.

43. Role of the Ministry. (1) Notwithstanding the powers conferred on the Board by this Laws or any other enactment, the Appropriate Authority shall have the power to give specific or general directives to the Board in any mater which in his opinion is relevant to the implementation of the Universal Basic Education Policy of the Governor. (2) The Ministry-shall in relation to education matters in the State be concerned with such aspects thereof as relate to policy, and the appropriate authority shall ensure to the extent that is compatible with this Law, that adequate liaison is maintained at all materials times between the Ministry and the Board.

44. Object and purpose of the Law. The object and purpose of this Law is to establish the Delta State, Universal Basic Education Board. Schedule 1 DELTA STATE UNIVERSAL EDUCATION 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 a majority of the members of the body and the person presiding to have a second or casting vote) the Board may make standing orders regulating the proceedings of the Board or any committee thereof. (2) The quorum of the Board shall be the Chairman and seven 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 once a month 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 a 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 subparagraph shall not be entitled to vote any meeting of the Board and shall not count towards the quorum. 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 on 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 signature of the Chairman and of some other member 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 that 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 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 maybe approved, from time to time, by the relevant Establishment circulars of the State.

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, or by reason that a person not entitled to do so, took part in the proceedings. Schedule 2 DELTA STATE UNIVERSAL EDUCATION LAW Proceedings of Authorities In the absence of standing rules made by the Board regulating the proceedings of an Authority, the provisions of Schedule I shall apply to the authority with necessary modifications and references therein to the Board shall be constructed as referring to an Authority.