Financial Assistance Act

A BILL FOR AN ACT TO AMEND THE EDUCATION ACT, 2016 TO REQUIRE ALL SCHOOLS TO FORMULATE AN ANTI-BULLYING POLICY; AND FOR INCIDENTAL AND CONNECTED PURPOSES

PUBLISHING DETAILS Sponsoring Ministry/Portfolio: Ministry of Education

Objects and Reasons

Memorandum of OBJECTS AND REASONS The Education (Amendment) Bill, 2022 amends the Education Act, 2016 (the “principal Act”) to require that all schools formulate an Anti-Bullying Policy. Clause 1 provides for the short title and commencement of the legislation. Clause 2 amends the definition of “disciplinary penalties” in section 2 of the principal Act to include penalties imposed on a student by a school for contravention by that student of the school’s Anti-Bullying Policy. Clause 3 inserts a new section 27A into the principal Act to require every school to have a written Anti-Bullying Policy based on national policy and other prescribed requirements. The Anti-Bullying Policy must be approved by the Ministry of Education. Clause 3 also gives Cabinet the power to make regulations prescribing — (a) the contents of an Anti-Bullying Policy; (b) the reporting and notification requirements in relation to bullying; the investigation procedures in relation to bullying; (d) the form of the disciplinary penalties to be imposed for breaches of an Anti-Bullying Policy; (e) the procedures for the enforcement of the disciplinary penalties; (f) all matters that may be necessary for giving effect to the disciplinary mechanisms; and (g) the submission of reports on bullying.

Clause 1

A BILL FOR AN ACT TO AMEND THE EDUCATION ACT, 2016 TO REQUIRE ALL SCHOOLS TO FORMULATE AN ANTI-BULLYING POLICY; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. Short title and commencement This Act may be cited as the Education (Amendment) Act, 2022. This Act comes into force on such date as may be appointed by Order made by the Cabinet. Amendment of section 2 of the Education Act, 2016 - interpretation The Education Act, 2016 is amended in section 2(1), in the definition of the words “disciplinary penalties”, by inserting after the words “under section 27” the words “or the school’s Anti-Bullying Policy established under section 27A”. Insertion of section 27A in the Education Act, 2016 - Anti-Bullying Policy The Education Act, 2016 is amended by inserting after section 27 the following section — “Anti-Bullying Policy 27A. (1) Every school shall have a written Anti-Bullying Policy based on national policy and any other prescribed requirements. A school shall submit its Anti-Bullying Policy to —

Clause 3

(a) the Department, in the case of a Government school; or (b) the governing body, in the case of an assisted or independent school. The Department or governing body, as the case may be, shall review the Anti-Bullying Policy and submit it to the Ministry for final review and approval. The Cabinet may make regulations — (a) generally for the effective implementation of Anti-Bullying Policies; and (b) without limiting paragraph (a), prescribing the following — (i) the contents of an Anti-Bullying Policy; (ii) the reporting and notification requirements in relation to bullying; (iii) the investigation procedures in relation to bullying; (iv) the type and form of the disciplinary penalties to be imposed or other disciplinary action to be taken for breaches of an Anti-Bullying Policy; (v) the procedures for enforcing the disciplinary penalties or other disciplinary action; (vi) all matters that may be necessary for giving effect to the disciplinary mechanisms; and (vii) the submission of reports in relation to bullying.”. Passed by the Parliament the day of

Speaker

Clerk of the Parliament