My daughter who is in form two at a private school was refused admission by the school management on the ground that she has not paid full school fee for the first term that starts from January to June 2022. Due to financial difficulty I am experiencing now, I was only able to pay half the fee for this term but I wrote a letter to the headmaster requesting for time to pay the balance within the month of February 2022. I would like to know if the law allows a private school to refuse admission to a student or expel her from school for failure to pay full school fee.
Section 58(1) of the Education Act [Cap.353 R.E 2002] expressly prohibits a private school from expelling or refusing to admit a student for failure to pay school fee, subscription or contribution unless the private school has obtained a written approval of the Commissioner for Education to expel or refuse the student or pupil admission on account of failure to pay the school fee. Section 58(1) of the Education Act provides that ‘no fee, subscriptions or contribution shall be charged, levied or collected as a condition of admission or attendance at any private school except with the written approval of the Commissioner.’
Section 2 of the Education Act defines Commissioner as the Commissioner for Education and includes any person to whom he delegates the power to perform any function of the Commissioner under the Education Act. The functions of the Commissioner for Education can be performed by the District Education Officer and the Regional Education Officer in accordance with the Education (Power of the District Education and the Regional Education Officer) Regulations, 2002.
However, a private school can obtain approval from the District or Regional Education Officer to expel or refuse to admit a student or pupil for failure to pay school fee. You can report the incident to the District or the Regional Education Officer within the local jurisdiction of the private school that has refused to admit your daughter for him to take action against the headmaster of the school if the refusal has been done without a permit. Lastly, we must state that this is not a blanket exemption for you not to pay school fees. School fees ensure our teachers are paid well and on time.