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
The Education (pre-primary, primary and post-primary) Act of 2008 distinguishes between “public education institutions or government founded institutions”, “government grant-aided education institutions” and “private institutions” which include “profit and non-profit making, and international institutions”. A “private school” is defined as a school which is “not founded by government and which does not receive statutory grants from Government”, while a “government grant aided school” is defined as a “school not founded by the Government but which receives statutory grants in the form of aid from Government and is jointly managed by the foundation body and Government”. The Act additionally defines an “international institution” as a “private educational institution offering foreign curricula and examinations and certification”. The Universities and Other Tertiary Institutions Act 2001 refers to “private” as a “person, firm, or organization other that the government basically maintained out of funds other than public funds”, while the Constitution of the Republic of Uganda (1995, as amended in 2005), refers to non-state actors operating within the country’s education system as “individuals, religious bodies and other nongovernmental organizations”. The term “non-state actors” is only used in Uganda’s Education and Sports Sector Strategic Plan 2017/18 - 2019/20 which refers to “non-state education providers” or “non-state actors”.
2.1 State education provision
State schools
According to Article 10(3) (a) of the Education (pre-primary, primary and post-primary) Act of 2008, “primary education shall be universal and compulsory for pupils aged 6 (six) years and above which shall last seven years”. During these years of compulsory education, which the Constitution of the Republic of Uganda (1995) clarifies in Article 34 (2) “shall be the responsibility of the state”, most education (59% of schools, 80% of total enrolment) is provided by the state. However, in the secondary education level (6 years: 4 years lower secondary, 2 years upper secondary), most education in Uganda (66% of schools, 52% of total enrolment) is provided by non-state actors. Based on the Universal Primary Education (UPE) program implemented by the Government of Uganda in 1997, tuition fees in primary state schools were abolished, while the Universal Secondary Education (USE) program introduced in 2007 provides tuition-free places in secondary state and non-state schools to students from more disadvantaged backgrounds. The language of instruction in all schools is English, which is the official language of Uganda as stated in Article 6 (1) of the Constitution of the Republic of Uganda (1995).
Non-state managed, state schools
No information was found.
Non-state funded, state schools
No information was found.
2.2 Non-state education provision
In Uganda, 41.7% of primary schools and 66% of secondary schools are owned by non-state actors, which include individual investors, communities, civil society organisations (CSOs), non-governmental organisations (NGOs), international NGOs, and faith-based organizations. Most non-state schools at primary level are owned by the Church of Uganda (27%), while most non-state schools in secondary level are owned by private entrepreneurs (30%), followed by Catholic organisations and the Church of Uganda (17%), communities (15%), other actors (9%), Islamic organisations (5%), and the Seventh-Day Adventist Church (1%). Kampala, the capital of Uganda, stands out with 84% of all schools from pre-primary to upper secondary level owned and operated by non-state actors. Catholic schools represent about a quarter of the Ugandan education system and include both private and government-aided schools. The majority of government-aided schools are Catholic and Church of England schools, which account for 74% of government-aided schools and 16% of private schools.
Independent, non-state schools
Private schools are independent non-state schools, of which the majority in primary and secondary levels are owned and managed by for-profit private entrepreneurs (with others managed by NGOs or communities). As these schools do not receive any funding from the state, they charge tuition fees, which can range from lower fees catering to families of relatively lower socioeconomic status (low-fee private schools), to higher fees which cater to the elite. Low-fee private schools (which educate the majority of students in Kampala) can be owned by single proprietors, faith-based organizations, or for-profit low-fee private school chains. All private schools are required to follow the national curriculum and adhere to national guidelines, with the exception of international schools which are allowed to follow foreign curricula and examinations (once approved by the state).
State-funded (government-aided), non-state schools
With the introduction of the UPE in 1997 and the USE in 2007, many private schools in Uganda that were owned and managed by various non-state actors began being provided with statutory state grants, known as government-aided schools. In 2017, 57% of privately owned primary schools were funded by the government (which covers student tuition fees, staff salaries, and instructional material). Schools are allocated grants based on the populations they serve, their location, and their registration status with the government. Most government-aided schools (42%) are owned and managed by the Church of Uganda.
Promoting Equality in African Schools (PEAS) schools are low-fee secondary schools which are owned by the UK-based charity PEAS and established (since 2008) in rural and under-served communities in Uganda in partnership with the Ministry of Education and Sports as part of the USE program. These schools aim to enhance access to secondary education to students of lower socioeconomic status who did not manage to achieve the high scores required in the Primary Leaving Examination (PLE) to be offered a place in the USE program. PEAS schools are run and managed by local communities and funded mainly by PEAS, the Government of Uganda, and national or international donors.
Contracted, non-state schools
No information was found.
2.3 Other types of schools
Homeschooling
Homeschooling appears to be an increasing educational option for parents in Uganda, although there was no explicit definition or regulation found of this phenomenon in the country’s law. While education (understood as formal schooling) is stated as compulsory in the Constitution of the Republic of Uganda (1995), the Constitution simultaneously protects the right of parents to direct the education of their children (Article 31 and Article 34).
During the COVID-19 school closures, the Ministry of Education and Sports aimed to ensure the continuity of learning through home-based delivery methods such as self-study home packages, radio live recorded lessons, television lessons, and online uploads. The Ministry clarified that these were to be distributed and produced to all students in Uganda for free.
Market contracted (Voucher schools)
No information was found.
Unregistered/Unrecognized schools
In the Education Abstract 2017, schools are categorized according to their registration status, with the government distinguishing between “licensed”, “registered”, and “unregistered” schools (with licensed schools pending their registration status). At pre-primary level, 50% of institutions were documented as unregistered in official statistics, most of which were owned by entrepreneurs (44%), followed by communities (26%). At primary and secondary level, unregistered schools accounted for 14% and 13% of all schools respectively.
The Ministry of Education and Sports (MoES) is responsible for the overall governance of the education sector in Uganda (from pre-primary to higher education level) and the development of national policies, with the National Council for Higher Education specifically responsible for the registration and monitoring of state and private higher education institutions. The Private Schools and Institutions Department is a government department established in 2008 under the MoES to be directly responsible for the coordination, registration and general administration of private educational institutions from pre-primary to secondary level and the management of public-private partnership programs. The Department additionally coordinates the activities of the National Association of Private Universal Secondary Education Schools (NAPUSES) and Uganda Private Teachers Union (UPTU) to “promote collaboration between private schools” in the country.
Based on the Local Government’s Act 243 adopted in 1997, the management and provision of education services in Uganda was devolved to local governments, where regional governments and district or urban councils are directly responsible for the supervision, management, and regulation of both state and non-state education actors within their jurisdiction.
Vision: According to Paragraph XVIII of the Constitution of the Republic of Uganda (1995), non-state actors are “free to found and operate educational institutions if they comply with the general educational policy of the country and maintain national standards”. The main documents which govern the registration and regulation of non-state actors in education are The Education (pre-primary, primary and post-primary) Act of 2008 and the Guidelines for Establishing, Licensing, Registering and Classification of Private Schools/Institutions in Uganda (2014) for pre-primary to upper secondary education, and the Universities and Other Tertiary Institutions Act 2001 for higher education. The Private Schools and Institutions Department was established to “cater for the vibrant and ever-expanding private investment in education” and “foster Public Private Partnership in the provision of quality education and sports”. This vision is equally reflected in Uganda’s Education and Sports Sector Strategic Plan 2017/18 - 2019/20 which aims to “enhance (the) contribution of non-state actors” in education, recognizing the “critical complementary role of private sector in achieving the policy objective of providing equitable access to education and sports by Government to all people living in Uganda”. The role of public-private partnerships is additionally highlighted in the Education Response Plan for Refugees and Host Communities in Uganda 2018, which states that the “MoES and partners shall explore opportunities for public-private partnerships and work with the private sector. With over 20% of primary schools being private and private providers of ECD, primary and secondary schools, and skills training, there is need to engage the private sector to harness their contribution, expand provision of services and capacities, create sustainable approaches and provide more resources to support the plan”.
3.1 Regulations by distinct levels of education
Early childhood care and education (ECCE) services are provided almost entirely (98%) by non-state actors in Uganda which include private entrepreneurs (44%), communities (20%), Catholic organisations (13%), the Church of Uganda (13%), Islamic organisations (4%), and the Seventh Day Adventist Church (2%). ECCE services can be categorized into nurseries (or pre-primary centres) (92%), community-based (7%), home-based, and day care centres. Most ECCE services (91.9%) in Uganda are nurseries, and cover ages 3-6, while day-care (0.48%) and home-based (0.29%) centres cover ages 0-3.
According to the Early Childhood Care and Education Policy 2018, the MoES will be the leading agency in the delivery of ECCE, with services being established in accordance with three levels (day care, pre-primary, and lower primary services), covering ages 0-3, 3-6, and 6-8 respectively.
Registration and approval: See Multi-level regulations.
Licence: See Multi-level regulations.
Profit-making: See Multi-level regulations.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: See Multi-level regulations.
Teaching profession: See Multi-level regulations.
Fee-setting: See Multi-level regulations.
Admission selection and processes: See Multi-level regulations.
Policies for vulnerable groups: See Multi-level regulations.
Quality assurance, monitoring and accountability
Reporting requirements: See Multi-level regulations.
Inspection: See Multi-level regulations.
Child assessment: See Multi-level regulations.
Sanctions: See Multi-level regulations.
Registration and approval: See Multi-level regulations.
Licence: See Multi-level regulations.
Water, sanitation and hygiene (WASH): The Guidelines for Establishing, Licensing, Registering and Classification of Private Schools/Institutions in Uganda (2014) provide a detailed list of 20 different criteria for schools regarding water and sanitation, including student-latrine ratios (separated by sex), availability of latrine for people with special needs, availability of cleaning material, and amount of safe drinking water.
Profit-making: See Multi-level regulations.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: See Multi-level regulations.
Textbooks and learning materials: The Government of Uganda provides education material to government-aided schools, whereas independent non-state schools have their textbooks and learning material checked during registration and annual inspection.
Teaching profession: See Multi-level regulations.
Corporal punishment: According to the Circular No.2/2015, “all acts of violence against children in schools, institutes and colleges” has been banned. Paragraph 4 of the Circular further clarifies that this applies to “all the educational institutions, whether government-aided, community or private”. The Government of Uganda has additionally outlawed corporal punishment in the Constitution (Article 24), The Children Act Cap 59 (2008), the Penal Code (Amendment) Act 8 (2007), the Domestic Violence Act (2010), the Employment Act (2006), and the Children (Amendment) Act 2016.
Other safety measures and COVID-19: Following the COVID-19 nation-wide school closures, all primary and secondary schools planning to reopen (including non-state schools) were required to follow the Guidelines for Reopening of Educational Institutions and Implementation of Standard Operating Procedures for Educational Institutions During COVID-19 (2020). Requirements included the establishment of a COVID-19 task force in each school, the training of all teachers by the District Health Office on COVID-19 control measures and the prohibition of any increases on fees. Finally, all schools were required to implement COVID-19 prevention measures in all critical control points in schools.
Fee-setting: See Multi-level regulations.
Admission selection and processes: See Multi-level regulations.
Policies for vulnerable groups: See Multi-level regulations.
Quality assurance, monitoring and accountability
School board: Primary schools are required to establish a management Committee to manage the school and be responsible for day-to-day administration. This body must include 6 nominated members, one representative from the local government and local council, one person elected by the city or municipal division, and one representative for parents, staff, and alumni. Secondary schools are required to establish a Board of Governors which must include 5 nominated members, one representative from the local government and local council, 2 representatives from parents and staff, and one alumni representative.
Reporting requirements: See Multi-level regulations.
School inspection: See Multi-level regulations.
Student assessment: See Multi-level regulations.
Diplomas and degrees: Whereas international schools are evaluated by international examination boards, all other non-state schools in Uganda are evaluated by the Uganda National Examinations Board. To transition to secondary education, all students from state or non-state schools (including those under UPE or USE programs) are required to pass the PLE. To transition to upper secondary level, all students need to have acquired the Uganda Certificate of Education.
Sanctions: See Multi-level regulations.
Over half (52%) of tertiary education institutions (TEIs) in Uganda are owned by non-state actors, which include entrepreneurs (27%), faith-based organizations (Catholic 20%, Church of Uganda 12%, Islamic 2%) and community organizations (15%). The National Council for Higher Education (NCHE), established as a body corporate under the Universities and Other Tertiary Institutions Act 2001, is the statutory agency responsible for regulating the establishment and quality of all TEIs (whether state or non-state), which are mainly categorized into universities (with degree-awarding status) and tertiary institutions (without degree-awarding status).
Registration and approval: To establish a non-state university, tertiary institution or any other non-state degree-awarding institution, an application must be made based on a prescribed form to the NCHE, accompanied by a list of required details including academic facilities, form of governance, and a detailed financial base (or source of funding in the case of non-state tertiary institutions). Applicants can be an “individual, firm, company, association, or body of persons, whether incorporated or not”. Once the resources and application have been verified, the NCHE will submit a report to the Minister responsible for education.
License: If satisfied, the NCHE may issue the applicant a provisional license for 3 years (2 for tertiary institutions), during which the institution will be monitored to establish its viability for official accreditation. After 3 years (in the case of non-state universities), the university may apply to the NCHE for accreditation and the grant of a Charter. Once the NCHE receives a report from the Inspection Committee regarding the university’s status for accreditation, a recommendation will be made to the Minister responsible for education which (if approved) will be submitted to the President to grant the Charter. In the case of tertiary institutions, an application for classification and certification may be made after 2 years to the NCHE, which (if satisfied) will issue a certificate of classification and registration to the institution, recognizing its certificates diplomas and awards.
Profit-making: There is no prohibition of profit-making in the regulations, with non-state institutions allowed to be established by companies (with no specific limitation on their status).
Taxes and subsidies: Non-state institutions are defined as autonomous institutions that are “basically maintained out of funds other than public funds”, with no funding received from the government. State institutions are funded by the government.
Quality of teaching and learning
Curriculum and education standards: The NCHE aims to ensure minimum standards for courses of study provided in state and non-state institutions, while at the same time respecting the autonomy and academic freedom of each institution. The language of instruction must be English (as the official language of Uganda).
Teaching profession: All non-state TEIs are required to employ lecturers or instructors whose qualifications conform with the standards set by the NCHE (although not specified).
Fee-setting: There were no regulations on fee-setting for private institutions found (only for state-owned institutions).
Admission selection and processes: The Higher Education Students Financing Act (2014) established a Higher Education Students Financing Board (HESFB) to be responsible for providing loans and scholarships to eligible Ugandan students to pursue tertiary education in registered institutions (both state and non-state) in Uganda. These schemes cover costs such as tuition fees, functional fees, and research expenses. Students seeking financial assistance to pursue tertiary education can apply for either scheme, and their eligibility will be determined by the HESFB based on region, gender, socioeconomic needs, and equity.
Quality assurance, monitoring and accountability
Board: All non-state universities have a governing body responsible for the management and daily operation of the institution, whose exact powers and compositions will be specified in the Charter. There was no information found regarding governing bodies for non-state tertiary institutions.
Reporting requirements: All institutions are required to submit an annual report to the NCHE which details their operations and progress.
Inspection: The NCHE is responsible for the monitoring and evaluation of non-state TEIs in order to ensure that minimum standards are maintained, with no specific mention of inspections (except in the case of state institutions or accreditation).
Assessment: While there is no specific mention of student assessments in non-state universities, the Universities and Other Tertiary Institutions Act 2001 states that the Senate is responsible for determining the minimum examination standards for all universities.
Diplomas and degrees: The NCHE aims to ensure minimum academic standards for courses of study and is responsible for equating the award of degrees, certificates, diplomas, and other awards by different institutions, whether degree institutions, tertiary institutions, or universities, or state and non-state.
Sanctions: If a non-state university is found to have breached its Charter or not carrying out its functions in an appropriate manner, the President (through recommendation from the NCHE) has the authority to revoke the Charter. Similarly, the license and accreditation of a non-state tertiary institution may be revoked by the NCHE if found to not be maintaining minimum standards or does not carry out its functions in an appropriate manner (with no specific mention on institutional closures). If any institution is discovered to not be registered with the NCHE, the owner can be fined up to 1,000,000 Shillings (273.69 USD).
3.2 Multi-level regulations
The following section refers to regulations covering non-state provision from early childhood to upper secondary education in Uganda, based on the Education (pre-primary, primary and post-primary) Act of 2008 which covers all three (pre-primary, primary and secondary) levels, including government-aided schools and international schools. The Early Childhood Care and Education Policy 2018 also covers additional ECCE services for ages 0 – 8 (including lower primary).
Registration and approval: According to the Education (pre-primary, primary and post-primary) Act of 2008, any person, community, or organization can apply to establish a non-state institution from pre-primary to upper secondary level by making an application with the Permanent Secretary of the Ministry responsible for education, town clerk, or chief administrative officer. ECCE services (including lower primary services) must register with their City/District/Municipal Local Governments in accordance with the Basic Criteria and Minimum Standards for specific services. Licensing standards apply to all ECCE centres and primary schools. To be considered for a provisional license, all applicants must prove to be of good repute, with no criminal record, and with the necessary funds to establish the institution proposed. The application will be approved by the authorities once the building for the establishment has been inspected and all prescribed criteria (including proof of land ownership, recommendation letters, toilets separated by sex, classroom size, and development plans) have been met and the applicant has paid the required registration fee. Teacher-student ratio must be met for schools serving students with special educational needs. International schools must additionally provide a letter of protocol from the relevant embassy and a letter of accreditation from an international examining body validating their curriculum.
License: Permission to operate a non-state institution will be given in the form of a provincial license, which will be valid for two years, after which an application for classification and registration must be made. If the Permanent Secretary, town clerk, or chief administrative officer are satisfied that the school is properly managed and all required conditions have been met, a certificate of registration and classification will be issued (valid for 5 years, after which must be renewed). ECCE services for ages 0-8 are granted a provisional license for one year, followed by a full registration upon satisfactory delivery and meeting of the basic standards.
Profit-making: Non-state institutions can operate for-profit.
Taxes and subsidies: The Government of Uganda may allocate targeted subsidies towards the provision of ECCE services in under-resourced communities (including grants for infrastructure and learning material). Moreover, government-aided schools receive statutory grants which cover tuition fees, staff salaries, and educational material.
Quality of teaching and learning
Curriculum and education standards: All non-state institutions are required to follow the national curriculum developed by the National Curriculum Development Centre (under the Ministry of Education and Sports), with the exception of international schools which will have needed to verify their curriculum with the local governments upon registration.
Teaching profession: All teachers in non-state schools from pre-primary to upper secondary level are required to be registered and licensed under the Director of Education. Teacher training workshops and seminars are provided by The Ministry of Education and Sports. If a teacher is found to be violating any provisions set out in the Education (pre-primary, primary and post-primary) Act of 2008 (including conviction of a criminal offence, professional misconduct, or failure to comply with conditions of registration), their certificate of registration may be cancelled by the Director of Education. Teacher salaries must be listed and approved upon registration. Teachers in state schools are considered “public officers” under the Constitution, the administration and conditions of service of which are regulated separately in the Constitution and Education Service Act 2002 (which do not apply to non-state school teachers). The Education Service (Teacher’s Professional Code of Conduct) 2012 applies to “all teaching personnel in the education service” (so all teachers in state and non-state schools). State school teachers are additionally subject to the Performance Management Guidelines for Schools and Tertiary Institutions 2020 (which do not apply to non-state schools).
Fee-setting: Any fees charged by non-state institutions must be pre-approved by the Minister responsible for education. At primary level, schools are prohibited from levying any for textbooks, uniforms, furniture, or examinations (with the exception of schools in urban councils which may charge fees for administration or utility expenses within a prescribed limit). However, this does not apply to UPE or USE programs or any government-aided schools, which are prohibited from levying any kind of fees. After the COVID-19 school closures, the MoES warned that no school was allowed to increase their tuition fees without consulting both the parents and the government.
Admission selection and processes: According to the Education (pre-primary, primary and post-primary) Act of 2008, non-state schools are prohibited from refusing admission to any pupil based on discriminatory grounds (without specifying what these may be). The Act does state however that if any person or organization refuses to enrol a UPE or USE student (which has been offered a tuition-free place in the respective school), they will be liable to pay a fine up to 1,000,000 Shillings (273.69 USD).
Policies for vulnerable groups: UPE and USE programs have been established by the Government of Uganda for state and non-state schools to offer tuition-free places primarily to students from lower socioeconomic backgrounds. However, as the USE policy (as well as all secondary schools) requires the students to have achieved a high score in the PLE in order to be offered a place in the program, the Government of Uganda has been working with the PEAS initiative to support poorer children from rural and under-served localities who did not manage to achieve the required scores to access secondary education. While PEAS secondary schools are not free, they charge relatively lower fees in comparison to other non-state schools and admit students who achieve lower scores in the exam. According to a study carried out by the Economic Policy Research Centre in 2018, 58% of PEAS students belong to the lowest two quintiles of wealth.
Quality assurance, monitoring and accountability
Reporting requirements: All non-state schools are required to keep administrative and financial records.
Inspection: The Education (pre-primary, primary and post-primary) Act of 2008, established a Directorate of Education Standards (Article 46) which, in addition to district or municipal Inspectors of Education, are responsible for ensuring that minimum standards in non-state schools are maintained. Inspectors may at any time (with or without notice) enter and inspect a school and provide an evaluation report to the Permanent Secretary at the Ministry responsible for education.
Assessment: Students in private and government-aided schools are assessed by the same examination bodies as state schools, such as the Uganda National Examinations Board (UNEB), with the exception of international schools which are allowed to follow international examinations and certifications.
Sanctions: If a school is found to not comply with the required standards during an inspection, its certificate of registration may be cancelled. If the conditions for registration are not fulfilled, a license may only be extended up to a year, after which the school will be closed. Certificates of registration may also be cancelled if the institution fails to comply with any requirements or contravenes any section of the Education (pre-primary, primary and post-primary) Act of 2008. If any non-state institution is found to be operating without a license, it shall be liable to a fine of up to 400,000 Shillings (109.8 USD) and (upon second conviction) up to 12 months imprisonment.
3.3 Supplementary private tutoring
According to a report commissioned by UNESCO in 2009, the private tuition industry appears quite prevalent in Uganda, with 82% of grade 6 pupils receiving private tutoring classes (of which 51% were paid). In rural areas, private tutoring appeared confined to the grades in which students sat major examinations (such as the PLE), whereas in urban areas it was reported to be common in all grades. The Ministry of Education and Sports has issued various circulars discouraging private tutoring, and officially banned what is referred to in Uganda as “holiday coaching” in 2007. Based on this circular, all schools (state, aided, and private) are prohibited from providing private tutoring lessons during holidays.
No information was found.
Financial operation and quality
No information was found.
The Education Service (Teacher’s Professional Code of Conduct) 2012 states that all teachers should “observe the regulations and instructions regarding private instruction and coaching issued by private authorities” which includes the ban on private tutoring within school premises during holidays. The Code of Conduct additionally states that teachers must “not carry out or transact any business within or outside the school premises while on official duty”. According to the Handbook on Teacher/Instructor/Tutor Education and Training Policies (2020), teaching staff in all institutions will be monitored every term or semester.
