Section 36A: Distance education during temporary closure
This section is inserted by Act No 1 of 2020, section 14.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
36A. Distance education during temporary closure
(1) Where the Minister makes an order under
section 36, the Minister may, during the temporary closure
or for such further period as may be necessary, order any
educational institution to provide distance education and
online learning programmes, including broadcast lessons.
(2) Where an order is made under subsection (1) –
(a) the teaching staff and other personnel
of the educational institutions shall
be required to engage in, produce and
conduct, distance education and online
learning programmes, including broadcast
lessons; and
(b) the employees of the Ministry, and of
any of its statutory bodies as may be
designated, shall be required to contribute
to, administer, monitor and supervise the
conduct of such programmes.
(3) Any person who, without reasonable excuse,
fails to comply with any requirement under subsection (2) –
(a) shall be deemed to be in breach of his
contract of employment; and
(b) may be liable to disciplinary proceedings.
(4) In this Part –
“distance education” means the delivery of
educational programmes remotely to learners
through the use of a variety of technological
means as a complement or an alternative to face
to face learning;
“educational institution” means a school or an
institution in the pre-primary, primary, secondary,
technical and vocational, Special Education
Needs and tertiary sub-sectors of education;
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“statutory bodies” includes, but is not limited
to, the Mauritius Institute of Education, the
Mahatma Gandhi Institute and the Open
University of Mauritius.
(c) in section 38 –
(i) in subsection (1) –
(A) by repealing paragraph (b) and replacing it by
the following paragraph –
(b) the structure, hygienic character,
proper sanitation and disinfection
of educational institutions, and for
inspection in this respect;
(B) by repealing paragraph (i) and replacing it by the
following paragraph –
(i) the control of instruction given in
educational institutions, methods
of instruction, including but not
limited to, face to face learning,
distance education, online learning
or a combination thereof, hours of
instruction and size of classes;
(C) by repealing paragraph (j) and replacing it by the
following paragraph –
(j) school admissions, student intakes,
withdrawals and age limits;
(D) by repealing paragraph (l) and replacing it by the
following paragraph –
(l) eligibility requirements and awards
of scholarships;
(E) by adding the following new paragraphs, the full
stop at the end of paragraph (o) being deleted
16 Acts 2020
and replaced by a semicolon and the word “and”
at the end of paragraph (n) being deleted –
(p) social and physical distancing at
educational institutions to be applied
as a result of infectious diseases
occurring in epidemic forms;
(q) the attendance of non-teaching staff
during any period of temporary
closure under this Part and for any
further period;
(r) the dispensing of distance
education and online learning
programmes through the use of
relevant technologies involving the
participation of teaching staff either
from school or their residence or
at any approved location, on such
terms and conditions as may be
necessary;
(s) the confinement of students at their
residence during any period of school
closure, and for such period and at
such times as may be determined;
(t) the keeping and the management
of a register containing the contact
details, including the mobile phone
numbers of school staff, of managers
of secondary scho
e of
relevant technologies involving the
participation of teaching staff either
from school or their residence or
at any approved location, on such
terms and conditions as may be
necessary;
(s) the confinement of students at their
residence during any period of school
closure, and for such period and at
such times as may be determined;
(t) the keeping and the management
of a register containing the contact
details, including the mobile phone
numbers of school staff, of managers
of secondary schools and of the
responsible parties for students, to
be used for the purpose of distance
education and online learning or for
such other educational purpose as
may be required.
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(ii) in subsection (2), by deleting the words “1,000 rupees”
and replacing them by the words “25,000 rupees”;
(d) in section 39 –
(i) in paragraph (d), by deleting the words “examinations”
and replacing them by the words “examinations and
cancellation and rescheduling of assessments and
examinations”;
(ii) in paragraph (f), by deleting the words “public funds”
and replacing them by the words “public funds and any
review of such time-table and curricula”;
(iii) in paragraph (k), by deleting the words “in schools”
and replacing them by the words “in schools and any
review thereof”;
(iv) by adding the following new paragraph, the full stop at
the end of paragraph (l) being deleted and replaced by
a semicolon –
(m) the conduct of distance
education and online learning
programme, including
broadcast lessons.
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Questions this section answers
- Can my child's school be ordered to provide online classes during a temporary closure?
- Can a teacher face disciplinary action for refusing to take part in distance learning?
- What counts as 'distance education' under this law?