The Education (Amendment) Act , 2026

An Act to amend the Education Act. [ 12th June, 2026
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Education (Amendment) Act,
2026, and shall be read as one with the Education Act, in this Act
referred to as the principal Act. 2. Section 2 of the principal Act is amended by the deletion of
the definitions of —
(a) “adult literacy education”, “basic education”, “basic
school”, “high school”, and “high school education”; and
(b) “attainment target”, “child”, “head teacher”, “primary
education”,”secondary education” and “tertiary
education” and the substitution therefor of the following
in the appropriate places in alphabetical order:
“attainment target” means, in relation to a primary or
secondary school stage, the knowledge, skills
and understanding that a learner of different
abilities and maturities, who is not in the formal
education system, is expected to have attained
at the end of that stage;
“child” has the meaning assigned to the word in the
Constitution;
Enactment
Short title
Cap. 134
Amendment
of section 2
Cap.1
[No. 17 of 2026 595Education (Amendment)
GOVERNMENT OF ZAMBIA
ACT
No.

in the
Constitution;
Enactment
Short title
Cap. 134
Amendment
of section 2
Cap.1
[No. 17 of 2026 595Education (Amendment)
GOVERNMENT OF ZAMBIA
ACT
No.

17 of 2026
Date of Assent: 4th June, 2026
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 16.00 each.

ate of Assent: 4th June, 2026
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 16.00 each.

“head teacher” means a teacher appointed as the
head of a primary school, secondary school or
school for continuing education;
“primary education” means education from grade one
to grade six;
“secondary education” means education from form
one to form six;
“school education” means early childhood care,
development and education, primary school and
secondary school education comprising of a
programme of full-time instructions and learning
activities; and
“tertiary education” means education provided after
secondary school; and
(c) insertion of the following new definitions in alphabetical
order in the appropriate places:
“accommodation” means the provision of bed space,
a bed and mattress to a learner residing at an
educational institution;
“adult” has the meaning assigned to the word in the
Constitution;
“citizen” has the meaning assigned to the word in the
Constitution;
“day care” means education from the age of zero to
three years;
“free education” means education provided by the
Government at early childhood care,
development and education, primary school and
secondary school level in a public educational
institution, where a child who is a citizen is not
required to pay admission, tuition and
accommodation fees;
“guardian” has the meaning assigned to the word in
the Children’s Code Act, 2022;
“lower primary education” means education from
grade one to grade three;
“nursery” means education from the age of three
years to four years;
Cap.1
Cap.1
Act No.12 of
2022
596 No.

ns education from
grade one to grade three;
“nursery” means education from the age of three
years to four years;
Cap.1
Cap.1
Act No.12 of
2022
596 No.

17 of 2026] Education (Amendment)

17 of 2026] Education (Amendment)

“parental responsibility” has the meaning assigned to
the words in the Children’s Code Act, 2022;
“reception” means education from the age of four
years to five years;
“secondary education advanced level” means
education from form five to form six;
“secondary education ordinary level” means
education from form one to form four;
“upper primary education” means education from
grade four to grade six;
“youth” has the meaning assigned to the word in the
Constitution; and
“youth and adult literacy education” means education
provided to enable a youth and an adult to acquire
reading, writing, numeracy and other skills for
sustainable livelihood. 3.

ucation” means education
provided to enable a youth and an adult to acquire
reading, writing, numeracy and other skills for
sustainable livelihood. 3.

Section 12 of the principal Act is amended by the deletion of —
(a) subsection (1) and the substitution therefor of the following:
(1) The system of school education shall be
organised into the following progressive stages:
(a) early childhood care, development and
education;
(b) primary education;
(c) secondary education; and
(d) tertiary education.;
(b) subsection (2) and the substitution therefor of the following:
(2) Subject to the other provisions of this Act,
an educational institution may establish and maintain
open and distance learning, youth and adult literacy
education and skills training.; and
(c) subsection (4) and the substitution therefor of the following:
(4) Despite subsection (3), an educational
institution offering—
(a) primary education may offer early
childhood care, development and
education; and
Act No.12 of
2022
Cap. 1
Amendment
of section 12
[No. 17 of 2026 597Education (Amendment)

y offer early
childhood care, development and
education; and
Act No.12 of
2022
Cap. 1
Amendment
of section 12
[No. 17 of 2026 597Education (Amendment)

(b) secondary education ordinary level may
offer secondary education advanced
level. 4. Section 13 of the principal Act is amended by the deletion
of subsection (2) and the substitution therefor of the following:
(2) The fundamental school system shall be
organised into the following units:
(a) early childhood care, development and
education;
(b) primary school;
(c) school for continuing education;
(d) secondary school; and
(e) tertiary institution. 5. Section 14 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(1) Subject to the Constitution and the other
provisions of this Act, a person has the right to—
(a) early childhood care, development and
education;
(b) primary education;
(c) secondary education; and
(d) youth and adult literacy education. 6. The principal Act is amended by the repeal of section 15
and the substitution therefor of the following:
15. (1) A child who is a citizen shall have the
right to free education.

d by the repeal of section 15
and the substitution therefor of the following:
15. (1) A child who is a citizen shall have the
right to free education.

(2) Despite subsection (1), the right to free
education shall apply to a citizen who was enrolled as
a child in a public educational institution but becomes
an adult while still enrolled in a public educational
institution. (3) Subject to subsection (1), a child’s parent,
guardian or person having parental responsibility for
a child who intends to seek free education referred
to under subsection (1) shall, at the time of enrolment,
provide proof of citizenship of that child, as prescribed. Amendment
of section 13
Amendment
of section 14
Cap. 1
Repeal and
replacement
of section 15
Right to free
education
598 No. 17 of 2026] Education (Amendment)

nt
of section 13
Amendment
of section 14
Cap. 1
Repeal and
replacement
of section 15
Right to free
education
598 No. 17 of 2026] Education (Amendment)

(4) A person who aids, abets, counsels,
procures or solicits the access to free education
referred to under subsection (1), for a child who is
not a citizen, commits an offence and is liable, on
conviction, to a fine not exceeding three hundred
thousand penalty units or to imprisonment for a term
not exceeding three years, or to both. 7. Section 35(1) of the principal Act is amended by the deletion
of paragraph (a) and the substitution therefor of the following:
(a) establish and maintain an educational institution for the
purpose of providing to learners—
(i) early childhood care, development and education;
(ii) primary education;
(iii) secondary education;
(iv) youth and adult literacy education;
(v) teacher education and training;
(vi) open and distance learning education; and
(vii) skills training. 8. Section 84 of the principal Act is amended by the deletion
of paragraph (e) and the substitution therefor of the following:
(e) regulate the conditions of enrolment of a learner
at an aided educational institution and determine,
in consultation with the Minister, the fees and
charges, if any, payable by a learner to the board
of management;. 9.

ional institution and determine,
in consultation with the Minister, the fees and
charges, if any, payable by a learner to the board
of management;. 9.

Section 95 of the principal Act is amended by the deletion of
subsection (4) and the substitution therefor of the following:
(4) For the purposes of this Part, the key stages
of a learner are as follows:
(a) day care, which is the first key stage;
(b) nursery, which is the second key stage;
(c) reception, which is the third key stage;
(d) lower primary, which is the fourth key
stage;
(e) upper primary, which is the fifth key stage;
Amendment
of section 35
Amendment
of section 84
Amendment
of section 95
[No. 17 of 2026 599Education (Amendment)

rimary, which is the fifth key stage;
Amendment
of section 35
Amendment
of section 84
Amendment
of section 95
[No. 17 of 2026 599Education (Amendment)

(f) secondary education ordinary level, which
is the sixth key stage;
(g) secondary education advanced level,
which is the seventh key stage; and
(h) tertiary, which is the eighth key stage. 10. Section 98(2) of the principal Act is amended—
(a) in paragraph (b), by the deletion of the words “any lower
basic” and the substitution therefor of the words “a lower
primary”; and
(b) in paragraph (c), by the deletion of the words “basic to
high” and the substitution therefor of the words “primary
to secondary”. 11. Section 108(1) of the principal Act is amended—
(a) in paragraph (d), by the deletion of the word “basic”; and
(b) in paragraph (e), by the deletion of the word “basic”. 12. Section 119 of the principal Act is amended—
(a) by the deletion of subsections (1) and (2) and the
substitution therefor of the following:
(1) A public educational institution and a
community educational institution offering education
from early childhood care, development and education,
primary school and secondary school shall not charge
admission, tuition and accommodation fees.

from early childhood care, development and education,
primary school and secondary school shall not charge
admission, tuition and accommodation fees.

(2) Despite subsection (1) the Minister may,
by statutory instrument, prescribe the fees payable in
a public educational institution and a community
educational institution in respect of services or
programmes not covered under free education.;
(b) by the insertion of the following new subsections
immediately after subsection (2):
(3) An aided educational institution shall, in
consultation with the Minister, charge admission,
accommodation and tuition fees as may be determined
by a board of management. Amendment
of section 98
Amendment
of section
108
Amendment
of section
119
600 No. 17 of 2026] Education (Amendment)

termined
by a board of management. Amendment
of section 98
Amendment
of section
108
Amendment
of section
119
600 No. 17 of 2026] Education (Amendment)

(4) A private educational institution shall
charge admission, accommodation and tuition fees as
may be determined by a board of management.;
(c) by the deletion of subsection (5) and the substitution therefor
of the following:
(5) A person who contravenes this section,
commits an offence and is liable, on conviction, to a
fine not exceeding two hundred thousand penalty units
or to imprisonment for a term not exceeding two years,
or to both.; and
(d) by the renumbering of subsections (3), (4) and (5) as
subsections (5), (6) and (7), respectively. 13. The principal Act is amended by the insertion of the
following new section immediately after section 131:
131A. (1) The Minister may, in the exercise
of the functions under this Act, issue guidelines that
are necessary for the better carrying out of the
provisions of this Act. (2) The Minister shall publish the guidelines
issued under this Act in a daily newspaper of general
circulation in the Republic or in the Gazette and any
other electronic means that the Minister may
determine. (3) The guidelines issued by the Minister shall
take effect on the date of publication and shall bind
all persons on matters relating to this Act. 14.

(3) The guidelines issued by the Minister shall
take effect on the date of publication and shall bind
all persons on matters relating to this Act. 14.

Section 132 of the principal Act is amended—
(a) in subsection (2)—
(i) by the deletion of paragraph (c) and the substitution
therefor of the following:
(c) the transformation of an educational
institution from a basic school and high
school into a primary school and
secondary school;
(ii) by the insertion of the following new paragraph
immediately after paragraph (f):
Insertion of
section
131A
Guidelines
Amendment
of section 132
[No. 17 of 2026 601Education (Amendment)

new paragraph
immediately after paragraph (f):
Insertion of
section
131A
Guidelines
Amendment
of section 132
[No. 17 of 2026 601Education (Amendment)

Amendment
of Schedule
602 No. 17 of 2026] Education (Amendment)
(g) fees payable in respect of a child who is
not a citizen; and
(iii) by the renumbering of paragraphs (g), (h), (i),
(j), (k), (l), (m), (n) and (o) as paragraphs
(h), (i), (j), (k), (l), (m), (n), (o) and (p),
respectively.; and
(b) by the insertion of the following new subsection
immediately after subsection (3):
(4) In this section, unless the context requires—
“basic education “ means education from
early childhood care, development and
education to grade nine;
“public basic school” means a school that
provides basic education;
“high school” means a school that provides
high school education; and
“high school education” means education
from grade ten to grade twelve. 15.

ion;
“high school” means a school that provides
high school education; and
“high school education” means education
from grade ten to grade twelve. 15.

Paragraph 2 of the Schedule to the principal Act is amended
by the deletion of subparagraph 2 and the substitution therefor of
the following:
(2) The transformation of an educational
institution from a basic school and a high school to a
primary school and secondary school referred to under
section 132(2)(c) shall commence on 30th May, 2026
until 30th May, 2031, after which the basic school
and high school shall be phased out or transformed
into a primary school or secondary school, as the case
may be, in accordance with this Act.