Kathmandu, Poush 27, 2082 (BS) - After failing to bring the federal education act immediately, the Ministry of Education, Science and Technology has decided to move forward with stalled tasks related to educational administration by amending the Education Regulations as well.
The ministry is preparing to introduce the Education Regulations along with two additional sets of regulations. It is also preparing to introduce a university umbrella law, a higher education law, and a law related to the research and innovation fund. The ministry has made preparations to implement the regulations by having them approved through the Council of Ministers and to bring the laws through ordinances for implementation.
According to the ministry, the Ministry of Finance has already given consent for matters other than the Education Regulations. Through the university umbrella law planned as an ordinance, priority has been given to bringing the structures established across all universities for the recruitment of teachers and staff under one system and operating them through a single service commission.
Similarly, the Higher Education Act is set to revise the provision of the Prime Minister remaining in the university arrangement, while the law related to the Research and Innovation Fund includes a provision requiring one percent of the country’s gross domestic product (GDP) to be spent on innovation. In addition, Abhishek Ghimire, expert advisor to Minister of Education, Science and Technology Mahabir Pun, informed that the proposed amendment to the Education Regulations plans to revise 24 matters related to school education.
The ministry has also prepared a draft for amending the Education Regulations and has sent it to the Ministry of Finance for consent. Ghimire expressed confidence that consent from the Ministry of Finance on all matters would be received by next week.
With the objective of issuing the regulations before the election code of conduct comes into effect, the ministry has been urging the Ministry of Finance to return the regulations quickly with consent. The Election Commission is preparing to issue the election code of conduct for election purposes in the first week of Magh. The Constitution has included education under fundamental rights.
Even after a decade since the Constitution was promulgated, the federal education act has not been enacted. Because the federal law has not been introduced, school structures and all education-related bodies are still operating under the old law. The ministry stated that, as many education-related issues remain uncertain due to the absence of the education act and there is no immediate prospect of issuing the act, it has decided to amend the regulations.
According to ministry sources, the proposed Regulations (Amendment) has made teacher transfers somewhat more flexible. Instead of prioritizing seniority, the needs of the school have been prioritized. If a teacher needs to be transferred in, a public notice will be issued. From among the applications received, the school will be able to select a teacher. Various bases have been proposed for that purpose. Within a municipality, the municipality must give consent, and in cases involving inter-district matters, the relevant unit must give consent.
Likewise, a provision has been proposed that the ward chairperson cannot serve as the chairperson of the School Management Committee (SMC). However, it has been proposed that a three-member committee led by the ward chairperson will remain in place for the formation of the SMC. It is stated that the committee will include one education staff member from the concerned municipality as a member and the principal as the member-secretary.
The School Education Bill, 2081 was presented in the House of Representatives on Bhadra 27, 2080 by the then Minister of Education, Science and Technology, Ashok Rai. At present, Nepal’s education system is being run in accordance with the Education Act, 2028, which was amended for the ninth time in 2074.
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