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 2013 Education Act (amended in 2019), which governs all education levels from early childhood to tertiary level, distinguishes between “private schools”, “assisted private schools”, and “denominational schools” as non-state educational institutions operating in Montserrat. Private educational institutions are defined as “schools other than public schools and assisted private schools which are owned, managed and financed by trusts, individuals, bodies, or any incorporated or unincorporated bodies”, while denominational schools are defined as educational institutions “established, managed and maintained by a religious community”. Finally, assisted private schools are defined as private schools which are “assisted by a grant or any form of assistance made from public funds”. The 2010 Montserrat Constitution Order refers to a “religious community or denomination” and defines a “private school” as a “school other than one established by a public authority”.
2.1 State education provision
State schools
Most education at primary (6 years, ages 5 – 10) and secondary (8 years, ages 11 – 18) level in Montserrat is provided by state-owned institutions, which account for 60% of all schools and 77% of total enrolments on the island. Specifically, in 2017, Montserrat had four primary schools (two of which were state-owned) and only one secondary state school. Education is compulsory from the ages of 5 – 16 and remains free at all primary and secondary state schools. Each state school is managed by a Board of Management comprised of parents, teachers, academic staff, and community members.
Non-state managed, state schools
No information was found.
Non-state funded, state schools
No information was found.
2.2 Non-state education provision
While the 2013 Education Act distinguishes between three different categories of non-state schools (private, assisted private, denominational), Montserrat only has two non-state primary schools as of 2017 (one Roman Catholic school and one non-religiously affiliated private school), with no non-state schools at secondary level.
Independent, non-state schools
In the 2013 Education Act, private schools are defined as independent non-state schools which are owned, managed and financed by trusts, individuals, bodies, or any incorporated or unincorporated bodies. Private schools are given the freedom to follow their own curriculum and can charge student fees for attendance. In 2017, there was only one private school operating in Montserrat at primary level (offering secular instruction).
State funded (government-aided), non-state schools
Assisted private schools are defined as private schools which receive regular grants and assistance from the state to cover costs in operation and maintenance. These schools are required to comply with similar minimum standards that apply to state schools, with the government regulating their fees, admissions, curriculum, and management. Assisted schools in Montserrat may be denominational (otherwise known as church schools run by religious communities), in which case they are given slightly more freedom in offering religious instruction that is distinctive of their religious affiliation. In 2017, there was one Roman Catholic school operating at primary level in Montserrat (however the 2017 Education Statistical Digest does not clarify whether this school receives grants from the state).
Contracted non-state schools
No information was found.
2.3 Other types of schools
Homeschooling
Homeschooling is legal in Montserrat, with parents or guardians given the freedom to choose between home education, private education, or state education for their children. According to the 2013 Education Act, a student may only be excused from compulsory school attendance if the instruction received at home is deemed satisfactory by the Director of Education, which includes meeting the required learning objectives and activities and being based on the national curriculum. The Director of Education is given the authority to terminate any home education program if it no longer meets the minimum criteria or the student fails to meet the required achievement standards.
During the mandatory school closures due to COVID-19 in 2020 (which affected both state and non-state schools on the island), all members of the Organization of Eastern Caribbean States (including Montserrat) transitioned to a remote, digital education system where children with digital access continued to receive education through digital platforms at home.
Market contracted (Voucher schools)
No information was found.
Unregistered/Unrecognized schools
No information was found.
Montserrat is one of the 14 British overseas territories and is therefore governed by the legal system of English Common Laws and Statutory Law. The Ministry of Education, Youth Affairs and Sports (MoEYAS) is responsible for the governance and regulation of all educational institutions in the state (including assisted private, private, and denominational), with the Higher Education Advisory Board is specifically responsible for advising the Governor and MoEYAS on state and non-state higher education.
According to the 2010 Montserrat 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 unless a law otherwise provides, 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”. However, the law states that these schools are required to comply with the minimum education standards and regulations, that should be “no more onerous than (those) applicable to schools established by a public authority”.
Vision: The government appears supportive of non-state provision in education (with a focus on expanding public-private partnerships), reflected in the Montserrat Draft Education Development Plan 2012-20, which encourages partnerships with “parents, other schools, educational institutions, private sector organizations and other stakeholders”. Moreover, as a protocol member of the Organization of Eastern Caribbean States (OECS), Monserrat’s education priorities and directions are guided by the OECS Education Sector Strategy 2012-21, which strongly supports non-state investment in education (including public-private partnerships) and “creating opportunities for the greater involvement of the private sector in the delivery of quality education”.
3.1 Regulations by distinct levels of education
In Montserrat, early childhood care and education (ECCE) broadly covers ages 0 – 8 and is comprised of day care centers/ crèches (ages 0 – 2) and nursery schools/preschools (ages 3 – 5). While this education level is not compulsory, 6 out of the 8 ECCE centers (88%) are government-owned (covering 78% of total enrolments), with only two non-state ECCE centers (non-church affiliated) operating at day care and preschool level.
Registration and approval: ECCE in Montserrat is regulated by the 2013 Education Act, the 2011 National Policy Framework on Early Childhood Education, and the 2011 Regulations and Standards in Early Childhood Care and Development Services (which are guided by the Caribbean Community and Common Market Regional Guidelines for Developing Policy, Regulation and Standards in Early Childhood Development Services). All policies and regulations for ECCE apply to both state and non-state services, with the aim to standardize the level of services provided throughout the state.
To operate a non-state ECCE service in Montserrat (whether a stand-alone centre or as an extension of a private school), individuals, groups, or organizations (incorporated or not) are required to register with the MoEYAS (through the Education Officer responsible for Early Childhood Education). All applications must be accompanied by a medical certificate signed by a registered medical practitioner, a completed Declaration of Criminal Conviction Form, proof of building ownership/lease/rent, financial plan, and certificate of inspection from the Ministry of Planning and Public Health Officer. The Education Officer then conducts an internal inspection to determine whether the minimum requirements in the Regulations and Standards in Early Childhood Care and Development Services 2011 have been met, which include standards on student-staff ratio, staff qualifications, land size, space, gender-appropriate toilets for children aged over 4, and health and sanitation (with specific requirements for services catering to children aged 0 – 3). For more information, see Multi-level regulations.
License: If (following the inspection) the Education Officer is satisfied that the minimum standards have been met, the applicant is issued a certificate of registration.
Profit-making: See Multi-level regulations.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: All ECCE services (state and non-state) are required to follow the curriculum prescribed by the MoEYAS which is based on the Caribbean Learning Goals and Outcomes and focuses on the holistic development of the child (through spiritual, moral, and social components). Moreover, any toys or education equipment used must meet the national education standards.
Teaching profession: All ECCE practitioners in Montserrat (whether employed in state or non-state services) are required to possess the minimum qualifications listed in the 2011 National Policy Framework on Early Childhood Education and 2011 Regulations and Standards in Early Childhood Care and Development Services, which include a minimum degree in Early Childhood, Management, General Education, or Psychology (for Head practitioners) or a Certificate of Early Childhood Education (for all other practitioners). Moreover, all caregivers must undergo a minimum of 3 months of training in special educational needs, first aid, leadership, and cardiopulmonary resuscitation.
Fee-setting: Non-state ECCE services may determine the fees to be charged for program attendance, provided that these are made transparent to parents or guardians and listed in the Parenting Handbook (in addition to any rules regarding the payments).
Admission selection and processes: According to the 2011 Regulations and Standards in Early Childhood Care and Development Services, all children in Montserrat must receive equal opportunities in admission processes for all ECCE services, which should be regardless of sex, social status, creed, or color.
Policies for vulnerable groups: All ECCE centres (irrespective of ownership) must develop non-discriminatory policies, while all services are encouraged to adequately support children with special educational needs (both academically and through accessible physical surroundings).
Quality assurance, monitoring and accountability
Reporting requirements: All ECCE centres (state and non-state) must keep weekly and monthly financial records available for inspection by the Education Officer as an indication of transparency and accountability, in addition to being required to submit annual audit reports to the MoEYAS.
Inspection: The Education Officer for Early Childhood Education is responsible for evaluating and monitoring the quality of all ECCE services in Montserrat (irrespective of ownership). The Education Officer of Early Childhood Education may enter, monitor, and inspect any ECCE center to evaluate its level of compliance with existing laws and regulations, while providers are required to show evidence of staff development, compliance with the approved national curriculum, and the involvement of all stakeholders in decision making (including the formation of a Parent Teacher Association).
Child assessment: Children’s progress (including the developmental and competency outcomes expected to be achieved) are assessed and recorded at least twice a year through the observation and monitoring of children by the Education Officer. Each child’s progress is assessed based on the Early Childhood Developmental Checklist, while the Education Officer submits a written report to the MoEYAS on the state of the sector.
Sanctions: See Multi-level regulations.
Registration and approval: See Multi-level regulations.
License: See Multi-level regulations.
Water, sanitation and hygiene (WASH): All private educational institutions in Montserrat are subject to the same health and sanitary requirements as those required by state and assisted private institutions, which are determined by the national Health Authorities.
Profit-making: See Multi-level regulations.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: Similar to state schools, all assisted private schools in Montserrat are required to follow the curriculum and education programs prescribed by the MoEYAS (which follows the Organization of Eastern Caribbean States Harmonized Curriculum, with a National Education Curriculum specific for Montserrat expected to be completed in December 2021). However, while state schools are required to follow a religious education course that is not distinctive of any particular religious denomination, assisted private schools that are managed or owned by denominational bodies may develop a curriculum that provides religious instruction in accordance with their religious affiliation. As stated in the 2010 Montserrat Constitution Order, “no religious community or denomination shall be prevented from or hindered in providing religious instruction for persons of that community or denomination in the course of education provided by that community or denomination whether or not that community or denomination 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”. Independent private schools are free to develop their own curriculum, with the Governor authorized to impose certain subjects or conditions.
Textbooks and learning materials: While private schools may produce their own textbooks and learning materials based on their curriculum, assisted private schools are required to follow the list of textbooks prescribed by the MoEYAS (with textbooks for religious education determined by the denomination of each school).
Teaching profession: See Multi-level regulations.
Corporal punishment: Corporal punishment is legal in all primary and secondary schools in Montserrat (including state, assisted private, and private schools) under the 2013 Education Act which states that “corporal punishment may be administered where no other punishment is considered suitable or effective, and only be the principal, deputy principal, or any teacher appointed by the principal for that purpose, in a manner which is in conformity with the guidelines issued in writing by the Director” (Art. 49). If any person administers corporal punishment to a student (other than those authorized by the regulations), they will be liable upon conviction to a fine of 1,000 XCD (370 USD). Regulations additionally state that whenever corporal punishment is administered on school premises, an entry must be made in the school’s punishment book.
Other safety measures and COVID-19: According to the 2013 Education Act, the Director of Education (following the advice of the Chief Medical Officer) is authorized to direct the closure of any private educational institution or classroom in order to prevent the spread of any disease that may be detrimental to student or staff’s health, as was implemented in 2020 in order to mitigate the spread of COVID-19.
Fee-setting: While private schools are free to determine their own fees, any fees charged by assisted private schools must be approved by the MoEYAS, which is authorized to regulate the amount charged.
Admission selection and processes: According to the 2013 Education Act, the MoEYAS has the authority to regulate the admission processes of assisted private schools by introducing school zoning schemes (and determining school attendance based on area of residence). Moreover, assisted private schools are prohibited from refusing admission to any student based on discriminatory grounds, which include race, place of origin, sex, color, creed, political affiliation, or mental/physical handicap.
Policies for vulnerable groups: The MoEYAS may determine any special education programs (catering to children with special educational needs) to be followed by state and assisted private schools.
Quality assurance, monitoring and accountability
School board: While the Minister of Education strongly encourages the establishment of Student Councils (comprised of elected student representatives) and Parent Teacher Associations (comprised of elected teacher and parent representatives) in all schools in Montserrat, private schools are not required by law to establish any particular school management board. On the other hand, state schools and assisted private schools are required to be managed by a Board of Management, consisting of specific members at primary and secondary level, including the principal, an academic staff representative, community member, Parent Teacher Association representative, and individuals nominated by the proprietor or denomination of the school. Moreover, the Minister assists state and assisted private schools in forming Parent Teacher Associations, which bring teachers, parents, and community members in close collaboration in the administration of each school.
Reporting requirements: While the 2013 Education Act does not clarify what specific records should be kept by private schools and submitted to the MoEYAS upon request, assisted private schools (through their Board of Management) remain accountable to the Minister of Education through the mandatory submission of annual reports on student discipline, application of the national curriculum, school condition/maintenance, and financial records.
School inspection: See Multi-level regulations.
Student assessment: All students in Montserrat sit for examinations developed by the Caribbean Examination Council (in the case of state and assisted private schools) or body approved by the Minister of Education to administer equivalent examinations (for private schools).
Diplomas and degrees: The MoEYAS is responsible for awarding certificates and diplomas to students in state and assisted private schools, including the Caribbean Examination Council Secondary Examination Certificate issued by the Caribbean Examination Council.
Sanctions: See Multi-level regulations.
Tertiary education is provided by three main institutions, the Montserrat Community College (established by the Montserrat Community College Act 2013), and two Montserrat campuses of offshore universities, the University of West Indies (a state university, with administrative headquarters in Jamaica) and the University of Science, Arts and Technology (a non-state university with administrative headquarters in Colorado).
Registration and approval: Non-state universities and colleges in Montserrat (or operating from within Montserrat) that lead to a sub-bachelorette qualification, bachelorette degree, or post-graduate degree are regulated by the 2019 Universities and Colleges (Licensing and Accreditation) Act (under the Higher Education Advisory Board), whereas private (non-state) tertiary education institutions offering teacher training or vocational education and training in Montserrat are required to be registered as “private educational institutions” (private schools or assisted private schools) under the 2013 Education Act.
According to the 2019 Universities and Colleges (Licensing and Accreditation) Act, any person that is a resident of Montserrat or body corporate may establish a non-state university or college in Montserrat by applying for registration to the Higher Education Board (HEB), accompanied by all the required documents and a non-refundable registration fee of 5,000 USD. Applications are considered on the basis of the institutional mission, expected standards, programs offered, admissions policy, student and staff size, and financing and management structure. Once the HEB has evaluated an application, a written report is submitted to the Governor recommending the granting or refusal of an institutional license. For more information, see Multi-level regulations.
License: If the Governor is satisfied that the applicant is qualified and fit, and meets the minimum requirements to operate a non-state university or college in Montserrat, the applicant is issued a license (subject to the terms and conditions recommended by the HEB) which remains valid for 10 years. All licensed universities or colleges are additionally required to be accredited by the Minister of Education or a recognized external accreditation body and to pay an annual registration fee of 20,000 USD.
Profit-making: No information was found on the profit-making of universities and colleges. See Multi-level regulations for information on private tertiary institutions.
Taxes and subsidies: No information was found on taxes and subsidies to universities and colleges. See Multi-level regulations for information on private tertiary institutions.
Quality of teaching and learning
Curriculum and education standards: According to the 2013 Education Act, private tertiary education institutions that are assisted by the state may have their curriculum and programs regulated by the Governor.
Teaching profession: The Governor may regulate the appointment of lecturers, tutors, and instructors in private tertiary education institutions that receive assistance from the state (including their terms and conditions of employment).
Fee-setting: Any fees levied in private tertiary education institutions that receive assistance from the state may be regulated by the Governor.
Admission selection and processes: The admissions process in assisted private tertiary education institutions may be regulated by the Governor.
Quality assurance, monitoring and accountability
Board: According to the 2013 Education Act, the Governor has the authority to regulate the management structure of any assisted private tertiary education institution.
Reporting requirements: No information was found.
Inspection: The HEB or any authorized officer may enter and inspect any licensed and accredited university or college (without notice) to evaluate whether the provisions of the 2019 Universities and Colleges (Licensing and Accreditation) Act (and requirements of registration) are being complied with.
Assessment: The examinations and marking system of all non-state universities and colleges in Montserrat is evaluated upon the institution’s registration, with a license only provided if there are deemed to be satisfactory to the Governor.
Diplomas and degrees: Non-state universities or colleges that have been licensed by the Governor of Montserrat under the 2019 Universities and Colleges (Licensing and Accreditation) Act may issue their own degrees, diplomas and/or certificates.
Sanctions: The license of a non-state university or college may be revoked or suspended by the Governor of Montserrat at any time if the provider is deemed to not be fit and proper to operate the institution, has furnished the HEB with any false or misleading information, has failed to pay the annual registration fee, or is in breach of any of the terms and conditions of registration. Moreover, the HEB may advise the Minister of Education to revoke the certificate of accreditation of any non-state university or college if it fails to comply with the provisions of the 2019 Universities and Colleges (Licensing and Accreditation) Act. Finally, if any person or body is found to be operating an unlicensed university or college in Montserrat, they will be liable to fine of 10,000 XCD (3,700 USD) or imprisonment for up to two years.
3.2 Multi-level regulations
All education levels in Montserrat (from early childhood to tertiary level, excluding non-state universities and colleges) are regulated by the 2013 Education Act (amended in 2019), which lists specific regulations for “private educational institutions” (including their establishment, financial operation, and quality).
Registration and approval: In Montserrat, private educational institutions (from early childhood to tertiary level) may be established by a body or individual (with or without legal personality). All institutions are required by law to apply for registration based on a prescribed form with the Governor of Montserrat, accompanied by a registration fee and any required documents. Upon receiving an application, the Governor causes an inspection to be carried out to determine whether minimum requirements are met, including standards in premises, classroom size, accommodation, instruction, land, staff members, and financial resources. If a private educational institution wishes to be assisted (or aided) by the state, an agreement must be made between the proprietor and the Governor which details the terms and conditions of any assistance received (in addition to the rights and responsibilities of each party).
License: If the governor is satisfied that the minimum standards have been met, the applicant is issued a permit to operate (which remains valid for 3 years, after which needs to be renewed on a 5-year basis). All registered private educational institutions in Montserrat are listed in the Private Educational Institutions Register kept by the Director of Education, which includes details of each institution and conditions of its registration.
Profit-making: Private educational institutions in Montserrat may be established as either for-profit or non-profit institutions.
Taxes and subsidies: All private educational institutions in Montserrat may choose to become “assisted” by the state through a mutual agreement with the Governor, in which the government provides institutions with regular grants and subsidies to cover costs in operation and maintenance. The level of government assistance provided is determined by the MoEYAS, and subject to specific terms and conditions agreed by both parties, including the adoption of the national curriculum, and allowing the MoEYAS to regulate the institution’s admissions and management in a similar manner to state institutions. Assisted institutions can also apply to the Minister of Education for a government loan that will be used for the purpose of improving or extending school buildings. While assisted educational institutions are subject to similar education standards to equivalent state institutions, the 2013 Education Act allows denominational schools to maintain their religious status through the curriculum and textbooks followed.
Quality of teaching and learning
Curriculum and education standards: While private educational institutions are allowed to follow their own curriculum, the quality of the instruction provided must be deemed efficient, suitable, and equivalent to programs followed in state institutions.
Teaching profession: Teachers in government-assisted institutions are covered under the same provisions as teachers in state institutions under the 2013 Education Act, which includes specific qualifications required by the MoEYAS for each education level and professional duties. Teachers in private institutions must have at least the minimum qualifications required by teachers in equivalent state institutions, with the Director authorized to declare any person who does not possess the minimum qualifications as “unqualified” for employment as a teacher. All teachers (irrespective of the school they teach) have the right to an “adequate working environment” and “fair and reasonable treatment”. Terms of employment (including promotion, leave, grading, salaries, and any other renumeration) may also be regulated by the government for all teachers.
Admission selection and processes: According to the 2013 Education Act, any private educational institution in Montserrat that denies admission to a student on the basis of race or political affiliation, will be liable upon conviction to a fine of 10,000 XCD (3,700 USD).
Quality assurance, monitoring and accountability
Inspection: The MoEYAS is responsible for monitoring the quality assurance of all private educational institutions in Montserrat. According to the 2013 Education Act, the Minister of Education, Director of Education, or any authorized public officer, may enter and inspect the premises of any private educational institution (including assisted and state institutions) during the institutions’ hours of operation to determine whether existing regulations and standards are being met. During these inspections, the authorized officer may make enquiries, require relevant documents, and examine the students of the institution based on the subjects being taught.
Sanctions: If any person obstructs the investigation or refuses to provide the officer with any required information, they will be liable upon conviction to a fine of 1,000 XCD (370 USD). Moreover, if any private educational institution fails to comply with the 2013 Education Act and relevant regulations, the Governor issues the provider with a warning to comply within a specific time period, which if not met, may result in the cancellation of the institutions’ permit and registration. All institutions which have had their registration cancelled by the Governor are required to remain closed until they become re-registered (which is subject to certain conditions).
3.3 Supplementary private tutoring
No information could be found on the regulation or provision of private tutoring services in Montserrat, as the 2013 Education Act makes no reference to supplementary education provision and the 2019 Companies Act only refers to institutions being operated for educational purposes in the “non-profit” category. Finally, in the list of teacher regulations in the 2013 Education Act there is no mention of private tutoring provision.
No information was found.
Financial operation and quality
No information was found.
No information was found.
