DRAFT APBE&T GUIDELINES

MINISTRY OF EDUCATION, SCIENCE AND TECHNOLOGY

STATE DEPARTMENT OF EDUCATION

DRAFT REGISTRATION GUIDELINES

FOR

ALTERNATIVE PROVISION OF BASIC EDUCATION AND TRAINING

MARCH, 2014

DRAFT APBE&T GUIDELINES

TABLE OF CONTENTS

FOREWORD………………………………………………………………3

PREFACE …………………………………………………………………4-5

ACKNOWLEDGEMENT ……………………………………………….6-7

A NOTE TO THE USER ………………………………………………8

ABBREVIATIONS AND ACRONYMS……………………………….9

DEFINITION OF OPERATIONAL TERMS ……………………….10-12

BACKGROUND INFORMATION …………………………………… 13

JUSTIFICATION …………………………………………...... 14-15

OBJECTIVES ………………………………………………………….15

PROCEDURE FOR REGISTRATION …………………………….15-17

STANDARD REQUIREMENTS ……………………………………. 17-22

MOBILE, FEEDER, AND NFEC SCHOOLS ……………………. 22-24

WAY FORWARD ……………………………………………………… 25

FOREWARD

The Constitution of Kenya recognizes that all children, youths and adults should have access to quality Basic Education as a human right. However, despite the Free Primary Education (FPE) program introduced in 2003 and Free Day Secondary Education (FDSE) in 2008, it was estimated that 1.9m primary school children aged 6-13 years and 2.7m children aged 14-17 years are out of school according to the Kenya Household Population Census (KHPC) of 2009. In addition the literacy survey of 2007 showed that 7.8m Kenyans are illiterate with youth aged 15-30 years constituting 35% of the total illiterate population. The majority of the affected population is found in areas considered marginalized such as urban-informal settlements (the urban poor) and in arid and semi-arid regions (pastoralists) and other pockets of poverty.

The Basic Education Act of 2013 articulates that it is the responsibility of the government to provide quality basic education to every child, in particular Section 39 (c) ensures that children in marginalized, vulnerable or disadvantaged groups are not discriminated against and prevented from pursuing basic education. These guidelines are purposely developed to operationalize this Section of the Act.

The guidelines will solve a major impediment that has in the past led to the exclusion of children, youth and adults from fully accessing Basic Education. The registration guidelines will ensure inclusiveness and quality alternative provision of basic education and training to children, youth and adults.

I urge all service providers to understand the guidelines and implement them as required.

Prof. Jacob T. Kaimenyi, BDS, MDS, PhD, FICD, FKNAS, EBS

Cabinet Secretary

PREFACE

One of the fundamental goals of the Education for All (EFA) agenda is to provide access to quality basic education and skills to all children, youth and adults. This goal can only be achieved if it is cognizant of the international conventions, national laws, policies, guidelines and regulations espoused in the education sector and implemented to ensure that the right to education for every person is upheld.

Alternative Provision of Basic Education and Training (APBE&T) in Kenya is an innovative strategy of reaching the unreached communities with regard to education and training services. The institutions of APBET include Adult and Continuing Education Centres, Non Formal Education Learning Centres, Vocational Training Centres, Alternative Basic Education Programs (Complementary Schools, Mobile Schools, Night Schools and Home Schools).

The policy on Alternative Provision to Basic Education and Training (APBE&T) was launched on 9th February, 2011. In the Basic Education Act 2013, education institutions were categorized as either private or public. Non Formal Education was limited to the provision of programs such as life skills. This provided another challenge in that the institutions of APBET did not fit into either category.

However, the Act presents a window of opportunity under section 95(3) where the Cabinet Secretary can make regulations which “Prescribe how schools shall be classified, make different provisions with respect to different classes or kinds of schools, impose conditions and make exceptions.”

Currently there are over 2000 APBE&T Institutions with over 500,000 learners. The standard guidelines for registration will actualize their recognition and integrate the sub-sector into the National Education Statistics. The integration would ensure minimum standards with regard to provision and assessment to enable the APBE&T program to benefit from MoEST quality assurance services, curriculum development and teacher provision.

In the past the MoEST in collaboration with development partners sought to provide a broad policy framework to allow participation of a wide variety of service providers. However, the programs lacked guidance and were largely uncoordinated.

Registration will ensure inclusion and integration of APBE&T institutions into the national education statistics and resource allocation. The MoEST has thus developed these guidelines on registration of APBE&T institutions and All APBE&T Institutions shall abide by these criteria.

DR. BELLIO R. KIPSANG

Principal Secretary,

State Department of Education

ACKNOWLEDGEMENT

We recognize the visionary and focused leadership provided by the Cabinet Secretary Prof. Jacob Kaimenyi. The process of developing the guidelines was given impetus by the selfless determination and keen interest of the Principal Secretary, Dr Bellio Kipsang, the Directors Basic Education Leah Rotich, Quality Assurance and Standards Mr. M. Mwinyipembe and Policy Partnership and East African Community Affairs Mr. O. Kiminza coordinated development of the guidelines

The process of developing the guidelines has been informed by an extensive consultation with stakeholders. I wish to express the Ministry’s gratitude to all our development partners, in particular: Concern Worldwide, Aga Khan Foundation (EMACK), Plan International ILO/IPEC, DFID, USAID, World Bank Group and various associations and individuals implementing APBE&T in Urban Informal settlements.

These partners have made valuable contributions and supported the workshops in facilitating the writing panels and in the final production of the document. The coordination of the guideline development process by the staff in the Directorate of Basic Education and Quality Assurance is highly appreciated.

Lastly I wish to thank the following panel members for their technical contribution:

  1. Mrs. Margaret OkemoSenior Deputy Director of Education(DBE)
  2. Mr. Gwiyo M. KomoraAg. Deputy Director, (DQAS)
  3. Mr. Mohamed AbdullahiSenior Assistant Director of Education (DBE)
  4. Mrs. Salome WenyaAssistant Director, (DQAS)
  5. Mr. John OumaAssistant Director, (DQAS)
  6. Mrs. Dorothy OgegaAssistant Director of Education (DBE)
  7. Mrs. Susan MunuheAssistant Director of Education (DBE)
  8. Mr. Charles OumaChairman, Complementary Schools Association
  9. Mr George MikwaChairman, KISA
  10. Alan MasikaChairman, KISWA
  11. Jane MuriukiSecretary, NNFEI
  12. Prof. Eusbio WanyamaSenior Counsel Children’s Rights N.G.O
  13. Dr. Calleb GudoEducation Consultant
  14. Mr Muktar OgleKenya National Examinations Council
  15. Ms Elizabeth Gitau Kenya Institute of Curriculum Development
  16. Mr Ezelard NguonoSenior Director Standards(DQAS)
  17. Mr Edwin J Oluso Assistant Director (DQAS)
  18. Nancy Mwangi Secretary (DBE)
  19. Kimosop YanoAssistant Director of Education (DSTE)

KIRAGU WA MAGOCHI, MBS

AG. EDUCATION SECRETARY

A NOTE TO THE USER

The guidelines were developed to inform the establishment, registration and operation of Alternative Provision of Basic Education and Training (APBE&T) institutions.. The standards shall be of invaluable use to all stakeholders.

The guidelines were developed through wide consultations with stakeholders. , however, the users are advised to refer to the Basic Education Act 2013, the Education Quality Index, the Revised Safety Manual for schools in Kenya, the Laws on Health, Safety and Sanitation, and Laws guiding protection and provision of services to the learners. In the event of any inadequacy of information that may be occasioned by circumstances other than those described in the guidelines, the Ministry shall provide interpretation and guidance to facilitate compliance to the guidelines.

LEAH K. ROTICH (MRS), MBS

DIRECTOR BASIC EDUCATION

ABBREVIATIONS/ACRONYMS

ABE-Adult Basic Education

APBET-Alternative Provision of Basic Education and Training

ACE-Adult Continuing Education

ASAL-Arid and Semi-Arid Lands

CSCabinet Secretary

CSAK-Complementary Schools Association of Kenya

DFRC- District Focus for Rural Development

DBE-Directorate of Basic Education

EFA-Education for All

HIV/AIDS-Human Immune efficiency Virus/Acquired Immune Deficiency Syndrome

IN-SET-In-service Training

KICD-Kenya Institute of Curriculum Development

KISA- Kenya Independent Schools Association

KISWA- TBC

KNEC-Kenya National Examination Council

MDGS-Millennium Development goals

MoEST-Ministry of Education Science and Technology

NFE-Non-formal Education

NFEC-Non-Formal Education Centres

NGO`-Non Government Organization

ODE-Open and Distance Education

ODL-Open and Distance Learning

PS- Principal Secretary

SAPs-Structural Adjustment Programmes

SWAP-Sector Wide Approval to Planning

TSC-Teachers Service Commission

UNICEF-United Nations Children’s Fund

CBO-Faith Based Organization

ILO/IPEC-International Labour Organization/International Programme on Elimination of Child Labour

DEFINITIONS OF OPERATIONAL TERMS[Thomas Ti1]

Alternative Provision of Basic Education and Training:

An APBE&T Institution is an institution established under the Basic Education Act 2013 and Policy regulations for Alternative Provision of Basic Education and Training that embraces alternative prescribed standards for delivery of basic education and training to marginalized and low income areas and within pockets of poverty in Kenya

A provision that intentionally seeks to provide and option/choice that is responsive and relevant to the needs of the targeted population. These options must have parity of esteem and convey comparable chances.

Adult and Continuing Education:Is the entire body of learning processes within the perspective of life long learning whereby out of school youth and adults are given opportunities to develop their abilities, enrich their knowledge and improve their skills to meet their own needs and those of their society. Adult learning encompasses formal non-formal and continuing education and a spectrum of informal and incidental learning available in a multi-cultural learning society.

Basic Education:A wide range of educational activities offered in formal, informal and non-formal settings. Within formal settings it refers to primary and secondary education.

Complementary Provision:Adds on or complements education. It seeks to integrate the school with community and societal realities. Ideally formal, informal and non-formal provisions act together to offer a complete learning experience.

Equitable Provision:Refers to fairness and justice in the provision and distribution of educational services. It invariably includes access and the availability of education to all as human right.

Mobile Schools:A school system that is suited to the lifestyle of the nomadic communities, which allows learning to take place un interrupted.

Non-Formal Education:Any organized, systematic and quality education and training programs, outside the formal school system that are consciously aimed at meeting specific learning needs of children, youth and adults.

Community Based:Established by the community for the community and managed by the community

Non-Formal Schools:Refer to institutions that resemble formal schools in that they aim at transmitting a formalized curriculum leading to formal school examinations. They however differ in school practices, management, financing, staffing conditions, registration, operating environment and school structures.

BACKGROUND INFORMATION

The period immediately after Independence saw a large influx of rural-urban migrants seeking economic opportunities in the highly concentrated manufacturing and service industries in major towns. The migrations gave rise to unplanned settlements in towns and cities, which came to be referred to as ‘slums’, ‘urban squatters’ or ‘informal settlements’.

The Kenya Government policy of District Focus for Rural Development (DFRD) (1985) failed to address the situation since resources remained concentrated in towns and cities. Unplanned settlements continued to grow to a level where the ‘slum’ populations exceeded ‘non-slum’ city populations. These settlements are characterised by the absence of adequate social amenities such as schools and hospitals.

The Structural Adjustment Programmes (SAPs) of the 1980s introduced cost sharing policies that further marginalized disadvantaged children, resulting in a higher drop-out rate from formal schools. Some of the dropouts enrolled in adult classes, which despite their low cost were not tailored to their needs. Limited availability of formal schools in the informal settlements, coupled with high indirect cost of education in government schools further contributed to marginalization.

In 2003, in an effort to increase participation and enrolment in formal education in urban informal settlements, the Ministry of Education

sought to incorporate development partners and education providers by allowing registration of schools with various government ministries. Registration in other offices was necessitated by the realization that schools in urban informal settlements could not meet existing requirements for registration of schools with the Ministry of Education. Consequently the emerging schools were referred to as non-formal schools/centres.

JUSTIFICATION

  • Section 76 of the Basic Education Act 2013, provides that a person shall not offer basic education in Kenya unless the person is accredited and registered as provided for under the Act.
  • Owing to poverty, hardship and challenges in the urban informal settlements and other pockets poverty, there exists a cadre of schools that cannot meet registration criteria for public or private institutions.
  • The Basic Education Act 2013, Section 95 (3)(i) and (j) provide that the Cabinet Secretary may upon consultation with the National Education Board make regulations to prescribe how schools shall be classified, and make different provisions with respect to different classes or kinds of schools, impose conditions and make exemptions.
  • The APBE&T Policy 2009 provides for all institutions providing alternative delivery of education and training to be registered with the MOEST.
  • APBE&T policy provides for registration or attachment to a registered institution as a pre-requisite for any alternative learning institution/provision to benefit from resource allocation from the government.
  • In addition registration of APBE&T institutions will enhance accuracy of EMIS data which is important for national planning.
  • Registration with the MoEST is a requirement for schools entering candidates for National Examinations.
  • If registered, the provision and coordination of support to the institutions will be enhanced.

APBE&T institutions are established under public-private partnership for the provision of basic education or vocational training to children and youth who, due to difficult circumstances, are unable to access public or private schools in informal settlements and other hard to reach areas. These institutions complement the government effort to provide education and training to all.

Objectives:

  1. To provide a guide for the regulations in respect of establishment, registration and operation of APBE&T institutions.
  1. To guide the Cabinet Secretary (MOEST) in exercise of authority pursuant to section 95 (i) and (j) in respect of basic education APBE&T institutions.

2.0EXPLANATION NOTES:[Thomas Ti2]

(i)REGISTRATION PRODOCEDURE

Formal application will be made to the Ministry of Education Science and Technology through the Sub county Director of Education.The application must be supported by QASO and Ministry of Health report.

Upon receipt and attainment of a satisfactory assessment report the County Education office shall process a provisional registration certificate for Public APBE & T Institutions which lasts for 18 months during which time the institution shall be expected to meet acceptable minimum standards of quality as stipulated in the Basic Education Act2013, or as provided for by the MOEST in terms of prescribed standards. The institution will then apply for a full registration upon compliance with set standards.

(ii)DE-REGISTRATION

Failure of any Alternative Provision of Basic Education and Training institution to comply with MOEST guidelines will lead to de-registration.

(iii)REPORTING SYSTEM

Monthly statistical returns, quarterly reports shall be availed to the Sub County Director of Education where applicable, who will compile a monthly report of all Institutions and submit to the County Director of Education. The County Directors of Education are expected to create a data bank of all registered institutions in their county and forward to the Ministry headquarter on quarterly basis.

The report will include Financial Management, Enrolment, General progress and challenges faced by the institution.

(iv)MANAGEMENT

The overall management of this component will be under the Directorate of Basic Education’s Alternative Provision of Basic Education investment programme. The support to NFE institutions will be ascertained by the NFE department and managed in the same manner as FPE grants to public primary schools. Instructional Management grants at the Ministry of Education are being implemented within the principle of devolution and decentralization of resources which allows stakeholders to make decisions and monitor resource use. The structures in place for promoting social accountability are at three levels:

(i)National level – to ensure compliance to existing Government policies and guidelines on finance and procurement procedures, carrying out Joint reviews involving Development Partners and other stakeholders twice in a year to take stock of progress and carry out monitoring and evaluation.

(ii)County level – to play an oversight role in terms of programme implementation within their jurisdiction and monitoring.

(iii)School level – where SMCs play a role in making decisions on items to be purchased and monitor implementation to ascertain that the funds are actually put into intended use. The school management is expected to make public display of all monies received and the expenditure, discuss school budget with parents, procure through the School Tender Committee, and maintain all records of stores and books of accounts. The programme also defines clear reporting lines from school level to the national level.

APBE & T Institutions that qualify for Government funding and are supported fully are not expected to charge fees for the same services, without consultation and approval by the Ministry of Education. Any Extra levy charged by NFE Government Supported Institution must follow all the due process and institutions should not charge such levies before approved by the Principal Secretary(MOEST) , state Department of Education.

(v)CURRICULUM

The APBE&T for school- age going children (6-14 years) and for Secondary School (14-18 years) shall follow the official Primary and Secondary school curriculum leading to national examinations.

For NFECs that provide Alternative Basic Education and Training for out of school children and youth, the programme shall use the official NFEC curriculum and curriculum support materials developed and approved by KIE. The curriculum shall have linkages and/ or equivalencies with the formal system.