MODALITIES FOR THE ESTABLISHMENT OF SCHOOLS: REVIEW OF THE LEGAL BASIS

Abstract

The legal basis for the establishment of schools constitutes the foundation upon which formal education systems are built and sustained. Education, as a vital instrument for national development, social cohesion, and human capital formation, requires clear legal authorization and regulation to ensure quality, equity, and accountability. This paper examines the legal frameworks that underpin the establishment and operation of educational institutions, with emphasis on constitutional provisions, statutory enactments, and administrative regulations that govern schools from the primary to the tertiary level. It discusses key issues such as the right to education, the role of government and private actors, standards for accreditation and quality assurance, and the legal requirements for funding and governance. Furthermore, the work explores the rights and responsibilities of students, teachers, administrators, and school proprietors within the legal framework. The study highlights how effective legal foundations promote access to education, safeguard stakeholders’ rights, enhance institutional accountability, and uphold the rule of law in the education sector.