NON-STATE ACTORS IN EDUCATION
2.2 Non-state education provision
3.1 Regulations by distinct levels of education
- Early childhood care and education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Primary and secondary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Tertiary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
3.3 Supplementary private tutoring
CONTEXT
Due to ongoing civil unrest in Iraq and the disruption and destruction of educational infrastructure and operations in the country, many children have lost years of schooling. At the end of 2019, approximately 345,000 children remained out of school, with school dropouts becoming a major issue in 2020. In addition to its own citizens, Iraq also hosts many refugees, the majority of which are Syrian. As of September 2020, there were 242,704 Syrian refugees who were reported to be in Iraq. However, the overall education coverage for Iraq's refugee population is minimal.
Private education is regulated by the 1968 Law No. 5, which includes private and foreign education systems. The law defines national private schools or institutions as “institutions established by Iraqi citizens and administered by them”. Authorisations for the establishment of private schools and institutes of different degrees and types are granted to trade unions, associations and recognised charitable and cultural institutions and legal persons (natural and legal persons) (Art. 3). The 2016 Private Higher Education Act No. 25 oversees private higher education institutions states that private actors in universities must have a legal personality.
Neither the 2005 Constitution, nor the 1976 Compulsory Education Law No. 118, nor the 2011 Literacy Law No. 23, nor the 2011 Law No. 22 provide proper definitions of non-state actors in education.
In the Region of Iraqi Kurdistan, the 2014 Law No 14 on non-governmental schools and institutes defines non-governmental schools and institutes as “kindergartens, schools, and institutes that are non-governmental and operate in the field of education and vocational training prior to the tertiary level, which are overseen and licenced by the Ministry of Education [of Kurdistan].”
2.1 State education provision
State schools
In Iraq (excluding Kurdistan), the official educational period lasts twelve years, with six years of compulsory primary education beginning at the age of six, three years of intermediate school, and three years of secondary education, which is divided into general secondary science and literary education and secondary technical industrial, agricultural, or commercial education. State schools are free to all. The basic structure of the education system in the Kurdistan Regional Government is similar to that in the rest of Iraq, except that compulsory education lasts until Grade 9 (Basic Education) rather than grade 6. Since the Kurdish language is a separate subject in elementary and secondary school, the range and content of subjects studied vary slightly. In Iraq Centre, the vast majority of primary (95%), lower secondary (92%) and upper secondary (88%) schools were public in 2015/16. In the Kurdistan Region (KRI), 99% of basic education schools and 97% of upper secondary schools were public. In 2015/16, 7.6 million students were enrolled in public schools across Iraq Centre and KRI, which represented 82.6% of students.
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
Independent private and international schools in Iraq are owned by private individuals and enterprises, and they are fee-charging. In addition, national EMIS data points to the existence of religious schools in Iraq; but, no information was available on the characteristics of these schools. Independent private and international schools are the largest non-state school category at 97% of all non-state schools and represent 9.4% of all schools in 2018/19.
Some international non-state institutions operate in Iraq, administering international curricula in a foreign language, mainly English, French, German, and Turkish. These include the International School of Choueifat in Erbil and the British International Schools throughout central Iraq. The economic and intellectual elite are the primary beneficiaries of non-state international education. While the Ministry of Education monitors these schools, their involvement in Iraqi education is minimal.
In Iraq Centre, 5% of primary schools, 8% of lower secondary schools and 12% of upper secondary schools were private in 2015/16. In the Kurdistan Region (KRI), 1% of basic education schools and 3% of upper secondary schools were private. In 2015/16, 1.6 million students were enrolled in private schools across Iraq Centre and KRI, which represent 17.4% of students.
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
In Iraq, homeschooling students are called “external students", which means they can study outside the education system. They are only required to take part in the final primary and secondary examinations. The only regulation found on this is the 1987 Examination System Law No. 18 (Art. 22). For the academic year 2020/21, the Ministry of Education announced the conditions for eligible external students and the instructions for external admission for those wishing to take these exams. These instructions and conditions were communicated to all education directorates in the governorates except for the Kurdistan Regional Government.
Market contracted (Voucher schools)
No information was found.
Unregistered/Unrecognized schools
No information was found.
The roles of the Iraqi Ministry of Education include funding, policy and planning, quality assurance, staff appointments, the setting of admission requirements, administration of national examinations, and developing curricula and learning materials. The Ministry consists of 25 formations (offices and directorates) and is responsible for overseeing education in all Iraqi governorates. Education in the Kurdistan Regional Government includes the provinces of Sulaymania, Erbil and Duhok. The Iraqi Ministry of Education’s General Directorate of General Private and Foreign Education manages the private sector under the 2011 Law No. 22 in all regions. This directorate manages inspections, licensing, supervision, and general implementation of Ministry of Education guidance in each governorate. No recent information was found on the directorate. The directorate was previously known as the General Directorate of Evening and Private Education (under the repealed 1998 Law No.34, which was amended by the 2005 Law No. 28 by the Ministry of Education).
In parallel, the Kurdish Ministry of Education is responsible for administering education in this region. This Ministry has the mandate to develop the education sector in the Kurdistan region, foster the growth of scientific and technical expertise, and create conditions in which people of all backgrounds can play an active role in social progress. The Ministry has two systems that govern education: basic education school system No. 1 of 2009 and secondary education school system No. 2 of 2009.
The Iraqi Ministry of Labor and Social Affairs (MoLSA) is responsible for the provision of establishments at the early childhood care and education level.
The Iraqi Ministry of Higher Education and Scientific Research (MoHESR) is responsible for overseeing higher Education in Iraq in all governorates, according to the 1998 Law No. 40. The Ministry sets the higher education policy and supervises the administration and organization of the higher education system (universities, colleges and technical institutes). The only available law on non-state universities and colleges is the 1996 Law No. 13 (amended to the 2016 Law No. 25). This law focuses on the mechanisms for establishing non-state higher education institutions and states that non-state universities in Iraq are autonomous with regards to its financial, administrative and technical matters. According to this Law, a non-state higher education council at the MoHESR is the highest scientific and administrative body supervising non-state higher education. Similar to that, the 2014 Law No 14 is the only available law on non-state higher education institutions in the Kurdistan Regional Government.
The Kurdish Ministry of Endowment and Religious Affairs works to promote religious discourse and develop Islamic study.
Vision: The only law found on private education governance in Central Iraq is the 1968 Private and Foreign Education System Law No. 5. The law sets requirements on establishing and licensing private schools and regulating and supervising; curricula buildings and premises; teachers and staff; educational programs, enrollment, exam systems; administration and finance systems; and violations. The vision of the Ministry of Education is to foster conditions that improve educational levels and establish an education system that provides a foundation that will enable individuals to develop and be independent. The Iraqi 2018-22 National Development Plan sets out to tackle the main education-related concerns and implement the government’s priorities and strategic plans.
3.1 Regulations by distinct levels of education
Early childhood education is not compulsory in Iraq. It lasts for two years and students can register at the age of four. The number of children attending Early Childhood Education Centers (ECEC) in Iraq is very low, at 2% on average. Non-state preschools are the leading providers of this level of education. In 2018/19, there were 652 non-state preschools (78%) compared to 184 state pre-schools and other preschools operated by different authorities (12%).
The only regulation available for this level of Education is the 1992 Law No. 1 on nurseries. According to article 1 of the law, nurseries are to create the appropriate conditions and atmosphere for the upbringing of children to ensure their normal and healthy growth and protect them from psychological and social deviations.
Registration and approval: Applications to register to open a pre-primary institution is through the MoLSA under the set requirements of the 1992 Law No. 1. This law stipulates that the building must comply with all technical and sanitary conditions and have an appropriate garden or yard. The facilities must have adequate lighting, ventilation, heating, cooling and hot water. In addition, at least two meters must be allocated to each child. Finally, sanitary facilities must be age-appropriate.
Licence: The MoLSA issues licences to nurseries that comply with the regulations established by the 1992 Law No. 1.
Profit-making: No information was found.
Taxes and subsidies: No information was found.
Quality of teaching and learning
Curriculum and education standards: The Ministry of Education has learning standards for early childhood education, yet these standards are not publicly available. According to the General Directorate for the Curriculum, there are two kindergarten curricula available for KG1 and KG2.
Teaching profession: All staff members in nurseries must be female. Their qualifications are not to be less than what is determined by an intermediate certificate or its equivalent. They are required to pass one of the qualifying courses at a training centre (the period of the course must not be less than three months), and they should have the ability to take care of children younger than three years of age (Law No. 1., 1992, Art. 6).
Fee-setting: No information was found.
Admission selection and processes: The conditions for accepting children include that they should be up to four years old and that they are free from any communicable diseases. They should also not have any physical and mental impairments and should be vaccinated according to the requirements set by the Ministry of Health (Law No. 1., 1992, Art. 7).
Policies for vulnerable groups: No information was found.
Quality assurance, monitoring and accountability
Reporting requirements: No information was found.
Inspection: One or more committees should be formed in order to inspect nurseries. The committee is to be headed by a department representative with expertise and competence and a representative member from the Ministry of Health and the General Union of Iraqi women. This committee must undertake educational, health-related, and social inspections and oversee the supervision of all nurseries. It must also evaluate the workflow in them and provide recommendations and suggestions regarding their improvement (Law No. 1., 1992, Art. 3).
Child assessment: No information was found.
Sanctions: If a nursery violates the conditions set by the 1992 Law No. 1, they must be notified of this violation. If the nursery does not remedy the violation within 15 days, it has another 30-day period to address it, after which the Ministry can withdraw its licence.
Registration and approval: In the central Iraq region, non-state providers need to register with and obtain approval from the Ministry of Education's General Directorate of General Private and Foreign Education. Whoever wishes to establish an institute, or a private school also has to pay cash deposits to the central treasury to register. Prospective providers must also formulate their aims and objectives and specify the area in which the school will open, the academic level of the institute or school and the type of institute or school. They must also sign a commitment to follow the provisions of the Ministry of Education Act and other regulations and instructions issued by the Ministry. Non-state providers shall ensure that buildings are appropriate and in good condition (Law No. 5, 1968, Art. 3-4).
Licence: A non-state or foreign school shall not be established, regardless of its quality or academic degree, except with a written licence from the Ministry of Education per the requirements of Article 24 of the same law (Law No. 5, 1968, Art. 5). The licence to establish a private or foreign institute or school is reserved for the person who obtained it, and it may only be sold, leased, given or transferred to another party (Art. 7). In parallel, the Kurdistan Regional Government Ministry of Education is responsible for granting and renewing the licence for non-state and foreign schools in its region. Foreign and international schools also receive inspections from the Ministry of Education, but they must also be regulated by their establishing foreign entity.
Water, Sanitation and Hygiene (WASH): No information was found.
Profit-making: No information was found.
Taxes and subsidies: No information was found.
Quality of teaching and learning
Curriculum and education standards: The curriculum of private and foreign schools is bound by the regulations of the Ministry of Education.
Textbooks and learning materials: No information was found.
Teaching profession: Secondary school teachers in Iraq are to hold a bachelor's degree in education. Holders of general bachelor's degrees may earn a teaching qualification by completing a one-year higher diploma in education. Until recently, primary school teachers were required to have a bachelor's degree. No further information was found regarding salaries and other working conditions.
Corporal punishment: Corporal punishment in Iraq is still lawful in schools; under the 1969 Iraqi penal Law No. 111 (Art. 41), which states that parental discipline and discipline by teachers is permissible.
Other safety measures and COVID-19: No information was found.
Fee-setting: There is no official guidance on fee setting. Fees vary considerably among non-state schools, and they typically increase with each grade level.
Admission selection and processes: No information was found.
Policies for vulnerable groups: Refugees and asylum-seeker children have a right to access quality education. They can approach the Ministry of Education to enrol in state schools at primary and secondary levels free of charge. No further policies have been found at the non-state level.
Quality assurance, monitoring and accountability
School board: No information was found.
Reporting requirements: No information was found.
School inspection: The Ministry of Education is responsible for inspecting private schools (Law No. 22, 2011). The Ministry of Education has to establish a department of Quality Assurance and a department of Control and Internal Auditing. However, no information is available on these departments or the current systems that monitor private school performance and ensure improvement. Moreover, the private and foreign institutes are subject to technical, administrative and financial inspections by the Ministry of Education (Law No. 5, 1968, Art. 8).
Student assessment: The certificates are issued by the Ministry of Education only after the students have passed the Ministry of Education’s examinations, in accordance with the provisions the Education Law No. 39 of 1958 (Law No. 5, 1968, Art. 9).
Diplomas and degrees: No information was found.
Sanctions: No information was found.
This education level includes non-state universities, colleges and institutes. As of 2017, there were 35 state universities and 55 private universities and colleges in Iraq (outside of the Kurdistan Regional Government). More specifically, there were 15 state and 15 private universities; of these, nine state and two private universities were recognized by both the Federal Ministry of Higher Education and Scientific Research (MoHESR) and the Kurdish Ministry of Higher Education, which only recognized the other private institutions in the Kurdistan Regional Government.
The only publicly available law on private tertiary education in Iraq is the 1996 Law No. 136 (amended to Law No. 25 of 2016) on private universities and colleges.
Registration and approval: The application to establish a private university, college, or institute is to be submitted to the minister, accompanied by a report after meeting the physical requirements, human resources specifications, and scientific conditions, including the building, libraries, laboratories, and others, based on the requirements of the Ministry. The Council of Ministers approves the establishment of a private university, college, or institute following a private higher education council recommendation (Law No. 25, 2016).
Licence: The private higher education council oversees the licensing of private institutions, but the final approval to operate is granted by the Council of Ministers.
Profit-making: No information was found.
Taxes and subsidies: The MoHESR receives an annual fee (3%) of the total annual income of the private universities, colleges or institutes (Law No. 25, 2016, Art. 36). No further information was found on subsidies.
Quality of teaching and learning
Curriculum and education standards: The curricula of private higher education institutions are to be proposed by the university, college, or institute and approved by the competent bodies of the Ministry of Education (Law No. 25, 2016, Art. 13).
Teaching profession: Teaching staff must consist of professors, assistant professors, teachers, assistant teachers, or those with qualifications that are equivalent to those of state universities’ staff (Law No. 25, 2016, Art. 33). No further information was found regarding salaries and working conditions.
Fee-setting: The approval of the annual tuition fees is proposed by the university, college or institute and submitted to the Ministry of Education for approval (Law No. 25, 2016, Art. 13).
Admission selection and processes: The annual admission requirements for private higher education for each institution is proposed and submitted to the Ministry of Education for approval (Law No. 25, 2016, Art. 13).
Quality assurance, monitoring and accountability
Board: The formation of a University Council, which is the highest scientific and administrative body in that private institute, is mandatory (Law No. 25, 2016, Art. 6).
Reporting requirements: No information was found.
Inspection: The university or college is subject to supervision and evaluation by the MoHESR to protect the foundations of private education and ensure the implementation of the objectives stipulated in the law (Law No. 25, 2016, Art. 10).
Student assessment: No information was found.
Diplomas and degrees: Certificates awarded by private universities, colleges or institutes are equivalent to those awarded by state universities under the provisions of the law (Law No. 25, 2016, Art. 32).
Sanctions: The Ministry has the right to sanction and close a university, college, or institute and revoke its licence if it does not comply with the conditions set in article 38 of the 2016 Law No. 25.
3.2 Supplementary private tutoring
Private tutoring is available and common in Iraq to assist students with their school work, especially state-school students. Private tutoring is usually offered by state school teachers who remained in the system. Students whose parents can pay are the only ones able to benefit from it. In addition, some education institutes also provide private tutoring and remedial lessons to students who can afford them.
Such institutes are generally licenced and overseen by the Ministry of Education in Iraq. Individuals are not permitted to arrange private tuition [institutions] without a licence that is obtained from the concerned education directorate (Law No. 162, 2018, Art. 57).
Financial operation and quality
No information was found.
No information was found.
This profile has been drafted by the Al Qasimi Foundation to support the PEER evidence base for the 2021/2 GEM Report on non-state actors in education.
