In Nepal, schools are governed by a comprehensive set of rules and regulations primarily enforced by the Ministry of Education, Science and Technology (MoEST), its various departments (like the Curriculum Development Centre – CDC, Department of Education – DoE, and Education Review Office – ERO), and increasingly, by Local Governments (municipalities and rural municipalities) under the federal structure.
The core legal framework is the Education Act 2028 BS (1971 AD) and its subsequent amendments, along with various Education Regulations, Directives, and Policies. Here’s a summary of key government rules schools in Nepal must follow:
I. Legal & Operational Framework:
- Adherence to Education Act and Regulations: All school activities must operate within the framework of the prevailing Education Act, Education Regulations, Institutional School Standards and Operation Directives, and School Regulations.
- School Management Committee (SMC): Community schools are mandated to have an SMC for operation, supervision, and management, with defined functions, rights, and duties (e.g., resource mobilization, property maintenance, budget approval, ensuring conducive academic environment).
- Registration and Permission: Any entity (other than the government) wishing to open a school must apply to the government or designated official, obtain permission, and register as a company or educational trust. Existing schools must comply with registration requirements.
- School Development Plan (SDP): Schools are often required to prepare and implement a School Development Plan, outlining their strategic goals, needs, and improvement strategies.
II. Infrastructure and Environment Standards:
- Land and Building Ownership/Lease: Schools must have land and buildings registered in their name or a valid lease agreement (e.g., for at least 5 years).
- Sufficient Land Area: Adequate land for assembly, outdoor games, and overall school operation is required. Specific land area requirements may vary by region (Terai, Hill, Himalaya).
- Safe and Clean Building: School buildings must be safe, clean, well-maintained, and properly ventilated, constructed according to earthquake-resistant standards.
- Classroom Standards:
- Minimum and maximum student capacity per classroom (e.g., 22-45 students, average 33).
- Minimum per-student area (e.g., 1.0 sq. meter for basic, 1.2 sq. meter for secondary).
- Adequate light and ventilation.
- Minimum room height requirements based on region.
- Essential Facilities: Provision for:
- Principal’s office, teachers’ common room, administrative office, accounts section.
- Library and reading room, storeroom, and utility rooms.1
- Safe and clean drinking water facilities with separate taps.
- Sufficient and hygienic toilets with adequate water supply for students and staff.
- Appropriate and comfortable furniture (e.g., 1:2 desk-bench ratio for students, separate desks for teachers).
- Fire extinguishers installed as per safety standards.
- Environmentally Safe Zone: Schools should ideally be located in environmentally safe zones.
III. Human Resources (Teachers and Staff):
- Required Number of Staff: Schools must have the required number of teachers (including a head teacher) and administrative support staff.
- Teacher-Student Ratio: Specific teacher-student ratios are mandated (e.g., 1:40 in grades 1-5, not more than 1:22 overall).
- Minimum Qualification: Teachers must meet the minimum qualifications as per the Teachers Service Commission Regulations.
- Permanent Appointment: Teacher appointments must follow the procedures outlined in the Education Regulations.
- Salary and Allowances: Salaries and allowances for teachers and staff (especially those under government grants) must be paid according to the government-approved scale, typically through bank accounts.
- Teacher Conduct: Recent proposals in the Public School Education Act aim to prohibit teachers from engaging in political party activities, working elsewhere, accepting gifts that affect exams, or participating in protests that hinder students’ education.
- Student Counseling: Provision for a student counseling room to address psychological problems of students.
IV. Curriculum, Teaching & Learning:
- National Curriculum Framework: Schools must follow the curriculum developed by the Curriculum Development Centre (CDC), which includes compulsory subjects.
- Local Curriculum: Local levels (municipalities/rural municipalities) are empowered to develop and implement local curricula, especially for the basic level (Grades 1-8), focusing on local needs, culture, and skills.
- Medium of Instruction: Education can be imparted in Nepali, English, or mother tongue, with specific provisions for language subjects.
- Continuous Assessment: Schools are expected to implement continuous assessment systems and follow guidelines for internal evaluation.
- Textbook Distribution: The government is obligated to ensure timely delivery of free textbooks to students before the academic session commences.
- Student Attendance: A minimum attendance (e.g., 95%) is often required for students to appear in exams.
- Discipline and Conduct: Schools establish their own rules of conduct for students (e.g., punctuality, uniform, respect, no physical punishment, no bullying, no valuable items), which must align with national policies on child rights and safety.
- No Capitation Fees in Public Schools: The Right to Free and Compulsory Education Act, 2018, ensures free and compulsory basic education and free secondary education from the state in community schools. While this doesn’t fully control private school fees, it sets a standard for public institutions.
V. Financial and Accountability:
- Financial Transparency: Schools must maintain and update records of academic, physical, and financial data.
- Auditing: Schools are often subject to internal and external audits to ensure financial accountability.
- Reporting: Regular reporting to concerned authorities (District Education Office, Local Government, etc.) on various aspects of school operation.
It’s important to note that with the federalization of Nepal, local governments (municipalities and rural municipalities) have gained significant authority over school education up to the secondary level (Grade 12). This means that in addition to federal laws, schools must also adhere to local-level education acts, regulations, and directives. Therefore, specific rules can vary slightly depending on the local municipality a school is located in.