AGADVOKS GLOBALKENYA · ENGLISH
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Basic Education Act

2. Interpretation

Edition: 2022-12-31 · In force

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2. Interpretation

In this Act, unless the context otherwise requires—"accreditation" means the procedure by which the accreditation agency formally recognizes the status of an institution offering basic education and confirms in writing by way of a documentation issued under this Act;"adult" means an individual who has attained the age of eighteen years;"adult and continuing education" means the learning processes within the perspective of lifelong learning in which an adult or out-of-school youth is granted an opportunity in an institution of basic education for purposes of developing abilities, enriching knowledge and improving skills;"adult basic education" means basic education offered as a full-time or part-time course to a person who is above the age of eighteen years and includes education by correspondence, the media of mass communication and the use of libraries, museums, exhibitions or other means of visual or auditory communication for educational purposes and "Adult learning" shall be construed accordingly;"basic education" means the educational programmes offered and imparted to a person in an institution of basic education and includes Adult basic education and education offered in early childhood education centres;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to basic education and training;"child" means an individual who has not attained the age of eighteen years;"community" means persons residing in the neighbourhood of a basic education institution;"County Director of Education" means a Director appointed under section 52;"County Education Board" means a Board established as an agency of the national Government to serve the relevant county under section 17;"curriculum" means all the approved subjects taught or programmes offered and includes all the activities provided at any institution of basic education;"Director-General" means a person appointed under the Public Service Commission Act (Cap. 185) and responsible to the Cabinet Secretary;"Duksi" means Islamic elementary institution that offers Quranic education and other related subjects;"Early childhood education" has the meaning assigned to it under the law relating to early childhood education;"Education Appeals Tribunal" means the Appeals Tribunal established under section 93;"EMIS" means Educational Management Information System;"Education Standards and Quality Assurance Commission (ESQAC)" means the Commission established under section 62;"formal education" means the regular education provided in the system of schools, and other formal educational institutions;"headteacher" has the meaning assigned to it under the Teachers Service Commission Act (Cap. 212);"ICT Integration and Education" means the seamless incorporation of information communication technologies to support and enhance the attainment of curriculum objectives, to enhance the appropriate competencies including skills, knowledge, attitudes and values and to manage education effectively and efficiently at all levels;"institution of basic education and training" means a public or private institution or facility used wholly or partly, regularly or periodically for conducting basic education and training and includes a school, a tuition facility, an educational centre, an academy, a research institution, a school correctional facility or a borstal institution;"Madrassa" means the structural Muslim educational institutions or schools that offer Islamic and other subjects and are laddered from primary to secondary;"manager" means a person who has been appointed by the Cabinet Secretary in consultation with the proprietor through regulations to coordinate and oversee implementation of education policies and guidelines in non-public basic education institutions and performs delegated teacher management functions;"mobile school" means a formal flexible institution that allows for mobility of pupils and teachers and is specifically designed to suit the needs of migrant communities;"National Council for Marginalized and Nomadic Education" means the council provided for under section 92;"National Education Board" means the National Board for Education and Training established under section 5 of this Act;"non-formal education" means any organized educational activity taking place outside the framework of the formal education system and targets specific groups/categories of persons with life skills, values and attitudes for personal and community development;"out-of-school youth" means all persons who have attained the age of eighteen years but have not attained thirty five years and who are not engaged in learning in the formal education system;"parent" means a mother, father or guardian of a child and includes any person who is responsible under the law to maintain a child or is entitled to a child's custody;"parent's association" means an association as prescribed in subsection 53(2);"pastoral programmes" means the curriculum designed by different Christian churches;"pre-primary education" deleted by Act No. 3 of 2021;"primary education" means education imparted to a child who has completed early childhood education;"Principal" has the meaning assigned to it under the Teachers Service Commission Act;"private school" means a school established, owned or operated by private individuals, entrepreneurs and institutions;"Salaries and Remuneration Commission" has the meaning assigned to it under the Salaries and Remuneration Act (Cap. 412D);"school" means an institution registered under this Act that meets the basic prescribed standards and includes institutions offering alternative approaches of multi-grade, double-shift, mobile schooling, out of school programmes, adult and continuing education, distance or correspondence instruction, or accelerated learning and talent based institutions, but does not include-
(a)any institution or assembly for which a Cabinet Secretary other than the Cabinet Secretary responsible for matters relating to basic education and training, is responsible;
(b)any institution or assembly in which the instruction is, in the opinion of the Cabinet Secretary, wholly or mainly of a religious character; or
(c)an institution mainly or wholly of a religious character;
"special education needs" means conditions physical, mental or intellectual conditions with substantial and long term adverse effects on the learning ability (other than exposure) or the needs of those who learn differently or have disabilities that prevent or hinder or make it harder for them to access education or educational facilities of a kind generally provided for learners of the same age in the formal education system;"special needs education" includes education for gifted or talented learners as well as learners with disability and includes education which provides appropriate curriculum differentiation in terms of content, pedagogy, instructional materials, alternative media of communication or duration to address the special needs of learners and to eliminate social, mental, intellectual, physical or environmental barriers to learners;"special school" means a school established for the benefit of a particular class of children who require some special form of education, treatment or care;"sponsor" means a person or institution who makes a significant contribution and impact on the academic, financial, infrastructural and spiritual development of an institution of basic education;"stakeholder" means a person, a public or private institution or organization involved in an education institution and with vested interests for the benefit of such an institution;"statutory structural adjustment" means a systematic multi-disciplinary process of collecting information about learners for the purpose of identifying and confirming the substantial and long-term impact on the learning process, abilities or educational progress so as to provide educational support based on the assessment or findings;"teacher" has the meaning assigned to it under the Teachers Service Commission Act;"tuition fees" means fees charged to cater for instruction or instructional materials.[Act No. 3 of 2021, s. 70.]
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Source: Kenya Law