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 2004 Education Act (as amended in 2014), which governs all education levels from early childhood to tertiary education in the British Virgin Islands, categorizes educational institutions as public, assisted private, private, and denominational. A “private school” is defined as a “school that is owned, managed and financed by an individual, religious community or body, trust, or incorporated or unincorporated body”, while a “denominational school” is defined as an “educational institution established, managed and maintained by a religious community at its own expense”. The 2007 Virgin Islands Constitution Order similarly refers to a “private school” as a “school other than one established by a public authority”, and “religious communities or denominations” which provide “religious instruction for persons of that community or denomination…whether or not it is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such education”.
2.1 State education provision
State schools
Most education in the British Virgin Islands is provided by the state (61% of schools, 76% of total enrolments), at both primary (7 years, ages 5 – 11) and secondary level (6 years, ages 12 – 17). According to the 2004 Education Act (as amended in 2014), the state is obliged to provide free and compulsory education to all citizens of the British Virgin Islands from the ages of 5 – 17. Primary and secondary education is available on all of the four main islands of the territory (Tortola, Virgin Gorda, Anegada and Jost Van Dyke).
Non-state managed, state schools
Some state schools in the British Virgin Islands are managed and operated by private proprietors, denominational bodies, trusts, individuals, or incorporated/unincorporated bodies through a contractual agreement with the government. These schools are referred to as a type of assisted private schools, and they remain owned and funded by the state and subject to similar regulations and minimum standards as state schools (in terms of curriculum, examinations, certificates, fees, and admissions). The state funds these schools through annual grants and subsidies that cover costs in school maintenance, equipment, infrastructure, and teacher salaries.
Non-state funded, state schools
No information was found.
2.2 Non-state education provision
Independent, non-state schools
Private schools are independent non-state schools which are owned, managed, and funded by individuals, religious communities/bodies, trusts, or incorporated/unincorporated bodies. These schools can be operating on a for-profit or non-profit basis and are free to follow their own curriculum, examination system, and language of instruction. Private schools may also include denominational schools, international schools, and schools offering alternative pedagogies (Montessori school). Denominational schools are established, owned, funded, and operated by religious communities at their own expense and provide religious instruction to people of their community or denomination. International schools usually follow a UK curriculum model, but may also be based on the French or US systems. The language of instruction can be in any language (with multiple languages usually taught), but is usually English, French, Spanish, German, or Japanese. International schools usually offer internationally accepted accreditation such as the International Baccalaureate (IB).
State-funded (government-aided), non-state schools
Assisted private schools are non-state schools which are owned by private proprietors, denominational bodies, trusts, or individuals that have agreed to receive annual grants and subsidies from the state provided that they comply with certain conditions. State funding to assisted private schools covers costs in infrastructure, maintenance, provision of equipment, and staff salaries, while conditions for receiving aid include following the national curriculum and examination system, and having their admissions, management, and fees regulated by the state. The state can additionally designate special programs to be offered in assisted private schools. According to the Education Act 2004 (as amended in 2014), some assisted private schools can be jointly owned and managed by the state and non-state actors.
Contracted, non-state schools
No information was found.
2.3 Other types of schools
Homeschooling
Homeschooling is legal in the British Virgin Islands, with parents allowed to apply for a certificate of exemption from compulsory school attendance with the Chief Education Officer, provided that the child follows a satisfactory home education program based on the national curriculum or an appropriate curriculum by an approved institution.
During the nation-wide school closures caused by the COVID-19 outbreak in 2020 (applicable to both state and non-state schools on the Islands), the Ministry of Education, Culture, Youth Affairs, Fisheries and Agriculture planned for learning continuity to be delivered through several online learning platforms (with a blended, hybrid approach adopted in 2021). During this period, students in state schools were assisted by the Ministry in accessing resources for online learning, including laptops and video packages.
Market contracted (Voucher schools)
No information was found.
Unregistered/Unrecognized schools
No information was found.
The British Virgin Islands are one of the 14 British Overseas Territories, with Islanders considered British citizens as of 2002. The education system across all levels (early childhood to tertiary, including state and non-state provision) is centrally governed and regulated by the Ministry of Education, Culture, Youth Affairs, Fisheries and Agriculture (MoECYFA). Specifically, the Minister responsible for education regulates the operation of all state, private (including denominational), and assisted private educational institutions across all levels of education through the 2004 Education Act (as amended in 2014) and the 2016 Education Regulations.
Vision: While the government’s 2015 Education Strategic Priorities have no mention of non-state education provision, according to Section 22 of the 2007 Virgin Islands Constitution Order, “every person who is the parent or legal guardian of a child shall be entitled to have his or her child (of whatever age) educated, at his or her own expense…in a private school (that is to say, a school other than one established by a public authority) and, in such a school, to ensure the religious and moral education of his or her child in accordance with his or her own convictions”, provided that these schools satisfy minimum educational standards prescribed by the relevant educational laws.
3.1 Regulations by distinct levels of education
The majority of early childhood care and education (ECCE) services in the British Virgin Islands are owned and operated by non-state actors including private proprietors, churches, community organizations, and non-governmental organizations (NGOs), under the supervision of the Early Childhood Unit (MoECYFA). In 2017, 32 out of 34 centres were owned by non-state actors (covering 98% of total enrolments), with one non-state ECCE centre (in Jost Van Dyke) funded by the state, and only one (in Anegada) was a state ECCE centre (owned and managed by the government). ECCE services can mainly be categorized into day cares (covering children aged 3 months – 2 years), preschools (ages 3 – 4), and pre-primary services (ages 5 – 6).
Registration and approval: While the operations of both state and non-state ECCE services are regulated by the 2004 Education Act (as amended in 2014) and the 2016 Education Regulations, the government is in the process of finalizing regulations that will apply exclusively to ECCE service providers, with specific registration requirements and standards of operation.
According to the 2004 Education Act (as amended in 2014), a private school or physical/legal person can provide an ECCE program to children under the age of 5 (or 6 for a stand-alone ECCE center) by submitting an application form to the Chief Education Officer of the MoECYFA, along with a service proposal, floor plan, reference letters, certificate of good citizenship, and a police report (both for the proprietor and proposed director). The application is then forwarded to the Education Officer responsible for Early Childhood Services and the documents are inspected by the relevant inspection bodies (including Fire and Rescue and Environmental Health). For more information, see Multi-level regulations.
Licence: Once the application has been approved by the Officer for Early Childhood and relevant inspection bodies, the Minister for Education sends a letter of approval to the applicant. For more information, see Multi-level regulations.
Profit-making: See Multi-level regulations.
Taxes and subsidies: In 2017, out of the 32 non-state ECCE centres in operation, only one was funded by the state. For more information, see Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: Private schools that offer ECCE services are required to develop curriculum programs that are consistent with the ECCE policies, programs, and plans prescribed by the MoECYFA. For more information, see Multi-level regulations.
Teaching profession: The MoECYFA offers service training to ECCE caregivers. For more information, see Multi-level regulations.
Fee-setting: Non-state providers of ECCE programs are free to charge fees to the parents or guardians of children attending. For more information, see Multi-level regulations.
Admission selection and processes: See Multi-level regulations.
Policies for vulnerable groups: No information was found.
Quality assurance, monitoring and accountability
Reporting requirements: No information was found.
Inspection: See Multi-level regulations.
Student 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): Water, sanitation and hygiene (WASH): State, private, and assisted private educational establishments are all subject to the same minimum health and sanitary standards administered by the Ministry of Health, while all institutions must provide adequate toilets (constructed and maintained to the satisfaction of the Chief Environmental Health Officer, separated by sex, students, and staff) and sufficient 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: While private educational establishments and denominational schools (whether assisted or not) can determine their own textbooks, assisted private schools must follow the national textbooks and educational practices determined by the Minister for Education (similar to state schools).
Teaching profession: See Multi-level regulations.
Corporal punishment: Corporal punishment is lawful in both state and non-state ECCE centres and primary/secondary schools under Article 192 of the 1997 Criminal Code, which gives teachers the right “to administer punishment”. The 2004 Education Act (as amended in 2014) only explicitly prohibits “degrading or injurious punishment” in the “enforcement of discipline in public schools, assisted private schools and private schools”.
Other safety measures and COVID-19: The Ministry of Education, Culture, Youth Affairs, Fisheries and Agriculture has offered a parent orientation session on Facebook for the online learning/remote learning program and has provided video tutorials on remote learning. Moreover parents of students attending public schools who are in need of devices to facilitate online learning, were asked to contact the school’s principal to complete an electronic application form.
Fee-setting: See Multi-level regulations.
Admission selection and processes: See Multi-level regulations.
Policies for vulnerable groups: No information was found.
Quality assurance, monitoring and accountability
School board: All assisted private schools at primary and secondary level are required to establish a Board of Management (BoM), Parent Teacher Association (PTA), and Student Council. The composition of BoMs (which are responsible for administering the school) varies according to education level, with BoMs in secondary school (for example) comprised of a maximum of 12 members including persons nominated by the proprietor or denomination which owns the school (3), school principal (1), academic staff (1), student council member (1), alumni (1), PTA member (1), and persons nominated by the BoM (3). PTAs are comprised of elected parents and teachers currently registered at the school, while Student Councils are comprised of elected students, each representing their respective members. The MoECYFA further encourages the establishment of a National Council of PTAs and National Student Council made up of not more than two representatives from every PTA and Student Council in the British Virgin Islands. Private schools at primary and secondary level on the other hand are not required by law to establish any of these boards, with the only management authority referred to being the proprietor of the school.
Reporting requirements: All assisted private schools must submit annual reports of student records to the Chief Education Officer, while all schools (state and non-state) that cater to students of compulsory school age are required to submit the names, ages, and residences of all students who have not attended the school as required to the school attendance officer. Finally, every BoM of an assisted private school is required to submit annual reports of curriculum application, school maintenance, student attendance, financial records, student discipline, and any other matter that affects the institution’s development to the Chief Education Officer.
School inspection: See Multi-level regulations.
Student assessment: See Multi-level regulations.
Diplomas and degrees: The MoECYFA awards certificates to students in state and assisted private schools at primary and secondary level, while private schools may issue their own certificates.
Sanctions: See Multi-level regulations.
Tertiary education is provided by two main institutions, the University of the West Indies (which operates a campus on the Islands) and the H.L. Stout Community College, the latter of which acts as the main tertiary education institution on the Islands (with the highest enrolments). In 2021, there were no private higher education institutions on the Islands. However, according to the 2004 Education Act (as amended in 2014), if an independent tertiary education institution is to be established, the MoECYFA may regulate its operations in accordance with the Act and 2016 Education Regulations, including specific operations described below.
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: In the case where a tertiary education institution is established independently of the state, the Minister for Education may specifically regulate the appointment of its staff (including terms and conditions of employment) and their professional behaviour. For more information, see Multi-level regulations.
Fee-setting: Independent tertiary education institutions may have their fees regulated by the Minister for Education. For more information, see Multi-level regulations.
Admission selection and processes: The criteria for admitting students in independent tertiary education institutions may be regulated by the MoECYFA. For more information, see Multi-level regulations.
Quality assurance, monitoring and accountability
Board: According to the 2004 Education Act (as amended in 2014), the Minister of Education may regulate the management structure of any independent tertiary education institution.
Reporting requirements: No information was found.
Inspection: See Multi-level regulations.
Assessment: See Multi-level regulations.
Diplomas and degrees: No information was found.
Sanctions: See Multi-level regulations.
3.2 Multi-level regulations
All education levels in the British Virgin Islands (from early childhood to tertiary level) are regulated by the 2004 Education Act (as amended in 2014) and the 2016 Education Regulations.
Registration and approval: A physical person or legal person/body (incorporated or unincorporated) can apply to establish a private educational institution in the British Virgin Islands at all educational levels by making an application to the Minister for Education (MoECYFA), accompanied by a non-refundable fee of 500 USD and all the required documents (including a business plan or proposal and a floor plan of the institution). All private educational establishments are required to be registered under the 2004 Education Act (as amended in 2014) and comply with the minimum standards set out in the Act and 2016 Education Regulations, which include standards on school buildings, land, premises, and facilities (conforming to minimum standards of buildings for public use). Moreover, regulations state that the instruction proposed must be efficient and suitable, there must be adequate financial and material resources to operate the institution, and the proprietor or school principal must be fit and not have been convicted of any criminal offence regarding the operation of a private educational establishment in the last 3 years preceding the application. Upon receipt of the application, the Minister verifies the information provided by directing an inspection of the institution and relevant documents.
If the applicant wishes to establish an assisted private school(s), there must be a mutual agreement between the Minister and the proprietor which specifies the terms, conditions and regulations under which state subsidies and grants are to be provided.
Licence: If the Minister for Education is satisfied that the minimum standards have been met, the applicant is issued a permit (valid for 3 years) based on the level and category of education provided.
Profit-making: Profit-making is allowed in all private educational establishments in the British Virgin Islands, which are free to operate on either a for-profit or non-profit basis. As stated in the 2004 Education Act (as amended in 2014), “any person or body dispensing for profit or non-profit purposes, educational services for his own account and in the case of a body for its own account, shall be deemed to be operating a private school”.
Taxes and subsidies: The state provides annual grants and subsidies to private educational establishments which have been classified as “assisted private” through a mutual agreement with the provider that the institution will be subject to similar standards and regulations to state schools. These conditions include following the national curriculum and examination system and having their fees, management, and student admissions regulated by the Minister for Education. The funding provided to assisted private schools covers costs in infrastructure, maintenance, equipment, staff salaries, and any other purpose approved by the MoECYFA. If the conditions within which the aid is received are not complied with, or the money is misappropriated by the institution, the Minister may reduce or discontinue the grants.
Quality of teaching and learning
Curriculum and education standards: Private educational institutions are free to follow their own curriculum and language of instruction, provided the instruction is equivalent to a comparable state institution and approved by the MoECYFA upon registration. Assisted private schools on the other hand are obliged to follow the national curriculum (similar to state schools), with the exception of establishments owned and/or managed by denominational bodies, which are allowed to organize and provide non-compulsory religious education to students that prescribe to their religious beliefs based on their own curriculum.
Teaching profession: According to the 2004 Education Act (as amended in 2014), all teachers employed in state and assisted private educational institutions must hold valid qualifications approved by the MoECYFA. Teachers employed in private educational establishments must possess at least the minimum qualifications required by teachers in state/assisted private schools. If any teacher in a private educational institution is found to not be qualified according to minimum standards, the Chief Education Officer may terminate their employment. Teachers in assisted private educational institutions are paid by the government and are covered under the same provisions that apply to state schoolteachers under the Education Act (Part 7). This includes fair treatment, the right to a fair working environment, protection from assault and abuse, legal or psychological support, and access to professional training. Assisted private school teachers are also subject to regulations by the Teaching Service Commission (similar to state school teachers) and covered under the 2011 Service Commissions Act.
Fee-setting: The Education Act (Art. 17) stipulates that “tuition fees consequent to the student's attendance in an educational programme at a public school under section 28 shall not be charged to the student or the parents of the student. Tuition fees may be payable in such amounts, for such purposes and by such persons or classes of persons who are not citizens of any Member State or Associated Member State of the Caribbean Community as the Minister may prescribe by Order published in the Gazette; (b) other charges may be imposed at a public school or assisted private school with the approval of the Minister”. In particular, while private educational establishment are free to set their own fees (approved by the MoECYFA upon registration), the state is responsible for determining the fees charged in assisted private educational institutions (with any additional administrative charges being subject to the Minister’s approval). According to the 2016 Education Regulations, assisted private educational institutions are additionally required to adopt rules that reduce or waive the fees for students of low-income backgrounds, while both private and assisted private educational institutions must have any additional charges (or increases in fees) pre-approved by the MoECYFA.
Admission selection and processes: According to the 2004 Education Act (as amended in 2014), state or assisted private educational institutions are prohibited from refusing admission to a student on discriminatory grounds, which include race, color, creed, sex, mental/physical handicap, place of origin, or political affiliation. Private educational establishments are similarly prohibited from denying admission to a student on the basis of race, color, creed, political affiliation, or place of origin (subject to sanctions upon non-compliance).
Quality assurance, monitoring and accountability
Inspection: The Minister for Education and Chief Education Officer are responsible for the quality assurance of all educational establishments in the British Virgin Islands (state and non-state). The Minister for Education, Chief Education Officer, or any public officer authorized by the Chief Education Officer may enter the premises of any state, assisted private, or private educational establishment during their hours of operation for the purpose of carrying out inspections and making enquiries. All educational establishments are required to remain open at all times during their hours of operation for visits and inspections.
Assessment: While private educational institutions can set their own examination system (approved by the MoECYFA upon registration), students in assisted private educational institutions are required to sit for national examinations (similar to state institutions). The assessments for state and assisted private institutions are developed by the MoECYFA or a body/organization contracted by the MoECYFA.
Sanctions: If any person makes false representations or refuses to provide any information required by the inspection officer during a lawful inspection, they will be liable upon conviction to a fine not exceeding 1,000 USD. Moreover, if any person prevents the inspection from taking place, or assaults/obstructs the authorized officer from inspecting the premises, they will be liable to a fine not exceeding 1,500 USD and (in the case of a second conviction), imprisonment for up to 6 months. According to the 2016 Education Regulations, the Minister for Education (upon recommendation from the Chief Education Officer) may order the temporary or permanent closure of any educational establishment if the building or infrastructure fails to comply with minimum health and safety requirements or the educational operations are not compatible with national education goals. In the case of an assisted private school, the establishment may be closed if it does not operate in accordance with the terms of agreement made upon registration, while a private school may be closed if it fails to comply with any of the provisions of the Act or Regulations (following a warning and the cancellation of its registration). Where an educational establishment is permanently closed, the Minister for Education must provide an alternative facility for all the students affected by the closure. If any person is found to be operating a private educational establishment without a valid permit issued by the MoECYFA, they will be liable upon conviction to a fine not exceeding 1,000 USD or imprisonment for up to 6 months. In the case where the offence continues following the first conviction, the provider is further liable to a fine up to 200 USD for each day it continues.
3.3 Supplementary private tutoring
Private supplementary tutoring in the British Virgin Islands is defined as a “special kind of teaching/learning practice which compliments the regular teaching-learning environment” which includes “one-on-one attention, individual explanation, and a chance for tutees to ask as many questions as they like”. While no information could be found on its prevalence in the Islands, the services are jointly regulated by the MoECYFA and the Department of Trade, Investment Promotion and Consumer Affairs.
To establish a private tuition centre in the British Virgin Islands, a letter/proposal must be initially submitted to the Department of Education under the MoECYFA, including details on the location, instructors, instructor fees, instructor-student ratio, course outline (if different to the courses prescribed by the MoECYFA), session schedule, and assessment. Once reviewed and inspected by the Education Officer, the Department of Trade, Investment Promotion and Consumer Affairs carries out an additional inspection and review to determine whether the service complies with their minimum standards and, if satisfied, issues the applicant the approval to operate the center.
Financial operation and quality
Private tuition centers must have their educational standards, such as instructors, fees, student-teacher ratio, syllabus, session schedule, resources, assessment methods, and certification criteria all approved upon registration by the MoECYFA, while the Department of Trade, Investment Promotion and Consumer Affairs regulates their infrastructure and business standards.
While no regulation could be found on teachers providing private tutoring services, the Service Commissions Act, 2011 prohibits a state and assisted private school teachers’ “private interests to conflict with his or her duties”.
