NON-STATE ACTORS IN EDUCATION

1. Terminology

2. Typology of provision

2.1 State education provision 

2.2 Non-state education provision 

2.3 Other types of schools 

3. Governance and regulations

3.1 Regulations by distinct levels of education

3.3 Supplementary private tutoring 

 

  1. Terminology

The Constitution of the Islamic Republic of Afghanistan (2004) states that education is the right of all citizens in Afghanistan (Article 43) and should be offered for free up to bachelor’s level in public institutions. However, recent changes in the government of Afghanistan have changed this, particularly in the case of girls’ education. The Constitution also mentions that education institutions are the duty of the government and that citizens from Afghanistan can establish education institutions with permission of the government (Art. 46). Foreign individuals can also establish education institutions according to the Law (Art. 46). The Constitution also refers to the role of religion in society and school (Art. 17).

The Education Law (2008) also states that “national and foreign natural and legal persons can establish private, combined and international education institutions” which meet both national and international standards, in accordance with the relevant regulations covering Afghan and foreign citizens (Art. 11). There are also additional regulations: the Afghanistan Private Educational Institutions Regulation (PIER) (2010) and the Private Higher Education Institution Regulation (PHEIR, 2019) although they were not accessible.

With the change in government, it is unclear which regulations are still in operation as the Ministry of Education website was inaccessible although the Ministry of Higher Education website is still functioning.

 

  1. Typology of provision

2.1 State education provision

State schools

In Afghanistan, most schools in primary education (6 years beginning at age 6) and lower secondary education (3 years beginning at age 12) are public schools. They are free and compulsory. Upper secondary education is not compulsory and has a duration of 3 years which begin at age 15. While girls and boys can go to school separately until primary school, boys can continue their education and girls are banned from attending secondary education.

Non-state managed, state schools

No information was found.

Non-state funded, state schools

No information was found.

 

2.2 Non-state education provision

Independent, non-state schools

Non-state provision of education includes private schools which require parents and guardians to pay a tuition, private religious schools which have no fees, and community- or home-based schools. Schools can be provided by private actors, national and international non-profit organisations or non-governmental organisations, or religious institutions. However, information on the types of schools that continue to function in Afghanistan and official statistics on the share of each of these types of school was not found.

State-funded (government-aided), non-state schools

No information was found.

Contracted, non-state schools

No information was found.

2.3 Other types of schools

Homeschooling

There are home based schools but information on homeschooling was not found.

Market contracted (Voucher schools)

No information was found.

Unregistered/Unrecognised schools

While no official information was found regarding unrecognized schools, reports and news sources indicate that schooling has occurred in unregistered schools, and more recently to continue girls’ education.  

 

  1. Governance and regulations

Afghanistan is a highly centralised education system. Three ministries are responsible for the education system, its planning and management. The Ministry of Education (MoE) oversees general education (Secular and Islamic education, teacher training, formal and informal technical and vocational education, literacy and non-formal education); the Ministry of Higher Education (MoHE) is responsible for public, private and community colleges; and the Ministry of Labor, Social Affairs, Martyrs and Disabled (MoLSAMD) is responsible for pre-school education and vocational training. The MoHE is also responsible for regulating higher education. The Directorate of Non-Governmental Organizations (NGOs) within the Afghan Ministry of Economy, leads the coordination, monitoring and evaluation of NGOs in Afghanistan. This Directorate oversees the private education that is provided by NGOs in Afghanistan.

Governance of ECCE is the responsibility of MoE, the MoLSAMD and the Ministry of Public Health which also provides ECCE services in country.

Provincial governments also play a role in the governance of the education system. Their departments of education are overseen by the MoE, and support material development as well as monitoring and assessment of schools.

Vision: The Education Law (2008) refers to the role of national and foreign natural and legal persons in establishing education institutions in Afghanistan. The most recent National Education Strategic Plan (2017-21) refers to the role the private sector, communities and civil society can play in partnership with the government to strengthen the education system. Information on the role of non-state actors under the new government could not be found.

Regulations included in the following section are based on the former government as the access to legal documents under the new document were inaccessible..

 

3.1 Regulations by distinct levels of education
 

Early childhood care and education (ECCE) is Afghanistan has one of the lowest enrolment rates in pre-primary education with only 1% of children between the ages of 3 and 5 years-old attending pre-primary education. The sector is also mostly provided by non-state actors, including private sector, international and national non-governmental organisations as well as development partners. No official statistics could not be found.

Regulations specific to ECCE could not be accessed.

Entry/Establishment

Registration and approval: While the Education Law (2008) states that non-state preschool institutions can be established under article 11, no information additional information specific to ECCE was found.

Licence: No information was found.

Financial operation

Profit-making: No information was found.

Taxes and subsidies: No information was found.

Quality of teaching and learning

Curriculum and education standards: No information was found.

Teaching profession: No information was found.

Equitable access

Fee-setting: No information was found.

Admission selection and processes: No information was found.

Policies for vulnerable groups: No information was found.

Quality assurance, monitoring and accountability

Reporting requirements: No information was found.

Inspection: No information was found.

Child assessment: No information was found.

Sanctions: No information was found.

 

Entry/Establishment

Registration and approval: The Education Law (2008) states that non-state actors can establish non-state schools (Art. 11), but the Afghanistan Private Educational Institutions Regulation (PIER, 2010, Art. 6) defines the conditions for establishing a private school. The requirements include: an investment permit, education, budget and financial plans, an appropriate building with standard classrooms, required books and materials, school equipment, sport facilities, and teachers with an academic degree higher than 12th grade, among others. The private school cannot be within 500 meters of a state school. In addition, the founder of the schools must make a payment to the state as an establishment of royalties, and a certain percentage of annual revenue must be paid as a bank guarantee for a for-profit school; Non-profit schools are exempted from this.

Licence: No information was found.

Water, sanitation and hygiene (WASH): According to PEIR (Art. 6), to establish a private school, various conditions have to be met, including having access to potable water, clean toilets (one toilet for every 50 students), first aid and fire extinguishers. .

Financial operation

Profit-making: While it seems that private schools can make a profit, non-profit private schools must invest the fees collected and revenue back into the school.

Taxes and subsidies: According to Article 48 of PEIR, non-profit private schools are exempted from taxes paid on their revenues.

Quality of teaching and learning

Curriculum and education standards: Private schools must have a curriculum and education plan that is in accordance with the MoE curriculum (PEIR, Art. 8). Private schools must also teach Pashto and Dari.

Textbooks and learning materials: According to Article 8 of PEIR, private schools must distribute and teach from the established textbooks.

Teaching profession: Teachers working in non-state schools must have an academic degree higher than 12th grade as mentioned in the establishment criteria. In addition there is a teacher accreditation system (TCAP –Teacher Certification and Accreditation Project) although this is still in the pilot phase.

Teachers in Afghanistan are contracted as either nationally registered teachers who are employed as civil servants and receive full benefits and salaries based on the national payroll. There are also  community-based education (CBE) teachers who are not registered and are paid by non-governmental organisations (NGOs), external donors or communities.

Additional information on how teacher regulations have changed under the new government could not be found.

Corporal punishment: Corporal punishment is prohibited in schools under the Education Act (2008, Art. 39) although evidence suggests it exists.

Other safety measures and Covid-19: Evidence suggest that private education institutions faced financial loss and students faced educational loss as it was difficult to continue learning through online options. No information was found on national safety measures that applied to private schools.  

Equitable access

Fee-setting: Article 19 of PEIR states that non-profit schools cannot ask students to pay an admission fee, and if a student cannot afford the schooling expenses, they are referred to a specific Commission. Further, non-profit schools are interpreted as fee-free schools although some non-profit schools do collect fees.

Admission selection and processes: No information was found.

Policies for vulnerable groups: No information was found.

Quality assurance, monitoring and accountability

School board: No information was found.

Reporting requirements: According to Article 48 of PEIR, private schools must provide the MoE with their budget plan, tax statements, and report their financial status and revenues in order to pay the relevant tax.  

School inspection: No information was found.

Student assessment: At the end of primary education and of upper secondary education, students must pass specific examinations. Students in grade 6 must take the Maktabeh Motevasteh to access lower secondary education, and secondary school students take the bacculuria examination, regardless of educational path chosen.

Diplomas and degrees: No information was found.

Sanctions: No information was found.

 

In Afghanistan, tertiary education includes 39 public universities and 128 private higher education institutions.

Entry/Establishment

Registration and approval: While the Education Law (2008) states that non-state institutions can be established under article 11, the Private Higher Education Institution Regulation (PHEIR) passed in 2019 contains further information on the establishment process for private tertiary institutions. However, this document was inaccessible. 

Licence: No information was found.

Financial operation

Profit-making: No information was found.

Taxes and subsidies: No information was found.

Quality of teaching and learning

Curriculum and education standards: No information was found.

Teaching profession: No information was found.

Equitable access

Fee-setting: No information was found.

Admission selection and processes: While no regulation was found, evidence suggest that private institutions do not typically require students take an exam.

Quality assurance, monitoring and accountability

Board: No information was found.

Reporting requirements: No information was found.

Inspection: The National Commission on Quality Assurance and Accreditation (NCQAA) which is part of the MoHE is responsible for the accreditation process. Requirements for this process include: meeting minimum requirements, such as registration with the MoHE, a self-appraisal process, and undertaking a peer review process. Upon successful completion, the institution receives level one status for one year and then undergoes another peer review and self-assessment in the second year. Once complete, the institution can receive full accreditation for 5 years from the Council of the Accrediting Agency.

Assessment: No information was found.

Diplomas and degrees: No information was found.

Sanctions: No information was found.

 

3.2 Supplementary private tutoring

While evidence suggests that private tutoring existed in the form of companies as well as one-on-one services which unofficial evidence suggests that private tutoring continues along with schooling for girls.

Entry/Establishment

No information was found.

Financial operation and quality

No information was found.

Teaching profession

No information was found.

 

 

 

Last modified:

Thu, 21/04/2022 - 13:07