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Section 36A: Distance education during temporary closure

Education Act

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; Acts 2020 15 “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. Acts 2020 17 (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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