Draft 21 June 2007
70807432
DATED
2007
THE MINISTRY OF EDUCATION OF
(1)
THE HASHEMITE KINGDOM OF
JORDAN
and
UNIVERSITY OF CAMBRIDGE
(2)
INTERNATIONAL EXAMINATIONS
and
THE BRITISH COUNCIL
AGREEMENT
(3)
THIS AGREEMENT is made on
(1)
THE MINISTY OF EDUCATION OF THE HASHEMITE KINGDOM OF
JORDAN of
] (“The Ministry”); and
[
(2)
2007 BETWEEN:
UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS of Syndicate
Buildings, 1 Hills Road, Cambridge, CB1 2EU, UK. A Division of the University of
Cambridge Local Examinations Syndicate acting for and on behalf of The Chancellor,
Masters and Scholars of the University of Cambridge (“CIE”); and
(3)
THE BRITISH COUNCIL of 10 Spring Gardens, London, SW1A 2BN, acting through
its offices in Jordan (“BC”).
WHEREAS
(A)
The Ministry wishes to ensure the proper exercise and control over the teaching and
examination in Jordanian schools of University of Cambridge International
Examinations Syllabuses (including the International General Certificate of
Secondary Education (IGCSE), the Advanced Supplementary (AS) and the
Advanced International Certificate of Education (AICE), the Cambridge Lower
Secondary
Programme
(CLSP),
and
the
Cambridge
International
Primary
Programme (CIPP).
(B)
CIE wishes to collaborate with BC in the inspection of the Jordanian schools which
the Ministry requests to be inspected, and with the management and administration
of the Syllabuses (as defined herein) at schools who wish to offer such Syllabuses to
its Candidates and who are approved by The Ministry to do so.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1
Interpretation
1.1
In this Agreement the following words shall have the meaning set opposite them:
“Act”
means the UK Data Protection Act
1998;
“Approved Schools”
means those schools inspected and
approved by BC and CIE, where the
Syllabuses shall be administered and
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where BC performs the role of Securer,
Payer and Administrator (as defined in
the Handbook and as agreed in writing
between the parties from time to time);
“Assessments”
means the method used to evaluate the
candidate’s performance in relation to a
Module of an Award and/or in such
other awards as agreed between the
parties in writing from time to time;
“Awards”
means the CIE qualifications gained by
Candidates successfully completing the
Syllabuses;
“Cambridge International Partner”
shall have the meaning provided in the
Handbook;
“Candidate”
means an individual registered with BC
for the purposes of studying the subject
matter
of
the
“Candidates”
Syllabuses,
shall
be
and
construed
accordingly;
“Certificate”
means the document produced by CIE
recording
the
Candidate
of
achievement
having
by
a
successfully
completed the respective Assessments
for an Award;
“CIE Intellectual Property Rights”
means all Intellectual Property Rights in
the
Syllabuses,
Assessments,
Certificates, Materials, Modules and
Awards;
“Commencement Date”
means [
“Courses”
means
];
the
Approved
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3
lessons
Schools
used
to
by
the
teach
the
Syllabuses;
“Entry”
means a Candidate submitted for an
Award;
“Force Majeure”
means any cause preventing either
party from performing any or all of its
obligations which arises from or is
attributable to acts, events, omissions or
accidents beyond the reasonable control
of the party so prevented, including
without limitation any strike, lock-out or
other form of industrial action, war, riot,
civil commotion, terrorism, malicious
damage,
compliance
with
law
or
governmental order, rule, regulation or
direction, accident, breakdown of plant
or machinery, fire, flood, storm or act of
God;
“Handbook”
means the CIE publication entitled
“Handbook for Centres” as amended by
CIE from time to time;
“Inspection”
means inspection of a school by CIE
and BC at the request of the Ministry to
ensure
that
the
school
has
the
appropriate facilities/equipment/teaching
resources to deliver the curriculum and
prepare Candidates for entry to CIE
qualifications;
“Intellectual Property Rights”
shall mean all intellectual property rights
throughout the world for the full term of
the rights concerned, whether or not
registered
and
whether
or
not
registrable, including without limitation
copyright,
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database
rights,
patents,
rights in inventions, know-how and
technical
design
information,
patents,
design
registered
rights,
designs,
trade marks (including business and
brand names, domain names, devices
and logos) and the right to apply for any
of the foregoing anywhere in the world;
“Materials”
means
any
administrative
materials
produced by CIE in printed or electronic
form,
relating
to
the
Syllabuses,
Modules, Assessments and/or Awards;
“Middle East and North Africa Fees
means the schedule of charges and
Schedule”
payments to be made to CIE, as
amended from time to time by CIE’
“Moderation”
means
the
moderation
procedures
developed by CIE;
“Module”
means a component part of the overall
Course;
“Party”
means anyone of the parties to this
Agreement and “Parties” means all of
the parties to this Agreement;
“Professional
Development
Programmes”
means programmes run by BC, which
are based on the Syllabuses, and using
CIE approved trainers and to CIE
standards, which will develop teachers’
skills to provide the Syllabuses in the
Approved Schools to all reasonable and
acceptable quality standards.
“Security Inspections”
means
during
an
unannounced
inspection
the examinations to ensure
compliance with CIE’s regulations;
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“Staff”
means employees and contractors of
BC whether full or part-time, engaged in
the performance of this Agreement;
“Syllabuses”
shall mean the CIE programmes listed
in Schedule 1 to be provided in the
Approved Schools;
“the Territory”
shall be Jordan for the purposes of this
Agreement.
“Unannounced Inspection”
means an unannounced inspection of
an Approved School by CIE and BC to
ensure
that
the
security
and
administration of the Syllabuses are in
no way breaching the terms of the
Ministry licence currently in force for that
Approved School;
1.2
In this Agreement (Except where context otherwise requires):
1.2.1
any reference to a recital, clause, appendix or schedule is to the relevant
recital, clause, appendix or schedule of or to this Agreement and any
reference to a sub-clause or paragraph is to the relevant sub-clause or
paragraph of the clause, appendix or schedule in which it appears;
1.2.2
the clause headings are included for convenience only and shall not affect
the interpretation of this Agreement;
1.2.3
use of the singular includes the plural and vice versa;
1.2.4
use of any gender includes the other genders;
1.2.5
any reference to “persons” includes natural persons, firms, partnerships,
companies, corporations, association, organisations, governments, states,
foundation and trusts (in each case whether or not having separate legal
personality); and
1.2.6
any reference to a statute, statutory provision or subordinate legislation
(“legislation”) shall (except where the context otherwise requires) be
533574529/25 Sep 2007
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construed as referring to such legislation as amended and in force from
time to time and to any legislation which re-enacts or consolidates (with or
without modification) any such legislation.
1.3
The schedules, appendices and recitals form part of this Agreement and shall have
effect as if set out in full in the body of this Agreement and any reference to this
Agreement includes the schedules, appendices and recitals.
1.4
In the event of any conflict between the provisions of this Agreement and the
provisions of the schedules or appendices, the provisions of this Agreement shall
prevail.
2
Obligations of The Ministry
2.1
Following the receipt of an application from a school in the Territory for an approval
from the Ministry to provide any of the Syllabuses, the Ministry shall submit a written
request to CIE to carry out an Inspection of the school.
2.2
In the event that the school passes the Inspection the Ministry shall, further to the
advice provided by CIE and BC issue such approval to the school “the Approval”,
specifying the Syllabuses to be provided at the school, and the number of pupils
permitted to enrol on the Syllabuses. The Approval shall remain in force for one year
from the date of issue, and may only be renewed on an annual basis following a
further Inspection prior to each renewal.
2.3
The Ministry shall work with CIE and BC to formulate regulations which will form a
constitution (“the Constitution”) and which will be binding on all Approved Schools.
The Constitution will be made available to all Candidates prior to their enrolment on
any of the Syllabuses. The Constitution will include, among other details, the roles of
the personnel from the Ministry, CIE and BC who are responsible for the
management and administration of the Syllabuses and their contact details for
queries about the implementation of the Syllabuses.
2.4
The Ministry hereby grants permission for CIE and BC to undertake the Inspections,
Security Inspections and Unannounced Inspections at the applicable schools.
2.5
The Ministry shall ensure that all Approved Schools shall comply with the attendance
requirements set out in the Approval, and ensure that such Approval are only given
to full-time schools at primary and secondary level. For the avoidance of doubt,
Approval shall not be given to private study centres.
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2.6
The Ministry shall meet at least once per year with CIE and BC to review the
implementation of the approval scheme and the provision of the Syllabuses. Each
Party shall bear its own costs in respect of such meeting.
2.7
The Ministry shall respond to each annual request from BC to provide a list of
nominated invigilators for the Professional Development Programmes by 15 February
in each applicable calendar year following receipt of such request.
2.8
For the avoidance of doubt, clauses 3 (save and except clauses 3.7 and 3.8), 4 (save
and except clause 4.2), 5, 6, 8, 9, and 10 (save and except clauses 10.2 through to
10.5) of this Agreement shall not apply to The Ministry.
3
Obligations of BC
3.1
BC shall during the term of this Agreement undertake the following obligations:
3.1.1
it shall provide its services in good faith and with due care, skill and
diligence as CIE and the Candidates would expect from any provider of
such services;
3.1.2
manage and administer the Professional Development Programmes in
accordance with clause 1.6 of Schedule 2;
3.1.3
manage and administer the delivery of the, Syllabuses and Assessments
at the Approved Schools in the Territory;
3.1.4
arrange for the Assessments to be carried out as described in the
Handbook , and;
3.1.5
perform the services, and undertake the responsibilities, described in
Schedule 2.
3.2
BC shall provide, and notwithstanding the termination of this Agreement for whatever
reason, shall continue to provide every reasonable security provision to safeguard
the integrity of the Assessments. Such security shall include but not be limited to:
3.2.1
restricting access to the Assessments during storage to only those Staff
as specified in the Handbook;
3.2.2
providing for secure, confidential disposal of all documents pertaining to
the Assessments including discarded copies;
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3.2.3
providing for restricted password protected access to any and all
Assessments
and/or
materials
related
to
Assessments
stored
electronically; and
3.2.4
providing for secure storage, transport and handling of any and all
Assessments.
3.3
BC shall be entitled to describe itself as a Cambridge International Partner but will
not hold itself out as acting as an agent or representative of CIE.
3.4
BC shall not be entitled to offer the Syllabuses or the Assessment through any sales
agent, distributor, sub-licensee or third party other than Approved Schools without
the prior written consent of CIE and The Ministry which it shall be free to give or
withhold as it sees fit.
3.5
BC shall not during the period of this Agreement:
3.5.1
offer without the prior written consent of CIE the Syllabuses, and/or the
Assessments outside the Territory; or
3.5.2
offer the Syllabuses and/or the Assessments otherwise than at Approved
Schools in the Territory.
3.6
BC shall be solely responsible for ensuring it fully complies with any and all
requirements of the Territory’s legislation regarding all matters concerning the
provision of the services pursuant to this Agreement. CIE shall in no way be held
liable for breaches by BC of any such requirements and in any case BC agrees
irrevocably and unconditionally to indemnify CIE in full and on demand and keep CIE
so indemnified in respect of all consequences of BC’s non-compliance with any such
requirements.
3.7
In the event that BC determines there is a conflict between the laws of the Territory
and English law, it shall promptly inform CIE and the Parties shall discuss a
resolution, including any necessity for a mutually agreed termination of this
Agreement.
3.8
Should BC fail to comply with the requirements of this clause 3.7 herein, The Ministry
and BC agree that CIE shall have the right to forthwith terminate this Agreement.
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3.9
BC shall not and shall ensure that the Approved Schools do not reproduce the
Assessments, Syllabuses, Materials or Certificates except as specifically provided for
in this Agreement.
3.10
BC acknowledges and agrees it shall, and shall procure that each Approved Schools
shall, abide by CIE’s rules and regulations as amended from time to time, and
described in the Handbook as amended from time to time.
3.11
BC shall supply such information as may be reasonably and necessarily requested at
any time during the period of this Agreement to CIE either itself or through its agents
or advisors, and require and allow persons nominated by CIE to inspect as may be
necessary or reasonable the academic records and files of BC and/or any Approved
School relating to the subject matter of this Agreement for the purpose of ensuring
BC is complying with its obligations under this Agreement. ]
4
Rights and Obligations of CIE
4.1
During the period of this Agreement, CIE shall provide the services set out in
Schedule 3 hereto.
4.2
CIE shall be entitled in its absolute discretion, and without liability to BC and/or The
Ministry (save an obligation to promptly provide BC and/or The Ministry with
appropriate notice, such notice to be no less than six (6) months to alter the form,
style, content or substance of the Syllabuses, Assessments, Awards and Certificates,
save and except CIE shall take reasonable steps to provide that Candidates already
enrolled on a Syllabuses and/or Assessment shall not be significantly disadvantaged
by any such alteration in the content of CIE’s Intellectual Property Rights.
4.3
At any time during the period of this Agreement CIE may either itself or through its
agents or advisors require BC to supply such information relating to the Assessments
as may be reasonably requested and allow persons nominated by CIE to inspect
relevant extracts of the records and files of BC for the purpose of ensuring BC is
complying with its obligations under this Agreement.
5
Payment
5.1
Subject to clause 5.5, BC shall pay fees to CIE for the provision of its services
hereunder where such fees shall be in accordance with the Middle East and North
Africa Fees Schedule as provided to BC by CIE and as amended from time to time,
(hereafter “Entry Fees”).
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5.2
BC shall have the right to charge:
5.2.1
a local fee to Candidates in the Territory for entry to the Assessments
through the Approved Schools;
5.2.2
an annual registration fee for each Approved School; and
5.2.3
each Approved School a fee per teacher attending the Professional
Development Programmes.
5.3
BC shall inform CIE in writing and in advance, of the total and individual fees to be
charged in clause 5.2.
5.4
Entry Fees shall be paid by BC to CIE during the term of this Agreement,
commencing on the Commencement Date, based on invoices issued by CIE in
respect of Entries for the Awards during the intervening period since the last invoice
was issued and BC shall pay all invoices within twenty-eight (28) days of receipt.
5.5
CIE shall be entitled to increase any or all fees referred to in this clause 5 and due to
it pursuant to this Agreement on 01 October of each year of this Agreement by such
amount as it may determine in its sole discretion (after prior consultation with BC)
and shall give BC not less than one (1) year’s written advance notice of such annual
increases.
5.6
BC shall ensure that no Candidate shall attempt any Assessment until such time as
CIE has received full payment in respect of the Candidate.
5.7
If BC fails to pay any sum due on or before the due date then CIE shall be entitled
(without prejudice to any other right or remedy it may have) to:
5.7.1
cancel or suspend the delivery by it of any services under this Agreement
provided CIE shall have been given two (2) weeks’ written notice thereof;
and
5.7.2
charge interest at a rate of 4% above Barclays Bank plc’s base rate from
time to time from the date payment was due until payment is made.
5.8
All payments shall be made by BC to CIE in sterling or if the United Kingdom shall
join the monetary union of the European Union then payment shall be made in Euros
if required by law applying to CIE or if requested by CIE. All payments shall be made
533574529/25 Sep 2007
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by telegraphic transfer to such bank account as may be notified by CIE to BC from
time to time.
5.9
All fees are exclusive of any applicable value added or sales tax or any other duties,
taxes or imports for which BC shall be additionally liable in the Territory.
6
Marketing of the Syllabuses and Assessments
6.1
BC shall use its best endeavours to promote the taking of the Syllabuses and the
Assessments through the Territory and to satisfy market demand therefor.
6.2
BC shall enjoy the status of Cambridge International Partner and shall market this
status according to the regulations provided by CIE as amended from time to time,
including but not limited to those in the Handbook.
6.3
BC shall promote and market the Syllabuses and the Assessments in the Territory
according to the terms set out in the Handbook as amended from time to time or in
such manner as CIE may reasonably agree, provided always that BC shall ensure
that all marketing and promotional materials shall be legal, honest and truthful, and
prepared with a sense of responsibility to Candidates.
6.4
In connection with the promotion and marketing of the Syllabuses and the
Assessments, BC shall:
6.4.1
make clear, in all dealings with Candidates and prospective candidates,
its relationship with CIE including that neither BC nor the Approved
Schools are acting as agents for CIE;
6.4.2
provide CIE with copies of updates to its promotional materials in relation
to the CIE Assessments;
6.4.3
from time to time consult with CIE representatives for the purpose of
assessing the state of the market in the Territory and permit CIE at its own
cost to inspect any premises or administration documents used by BC in
connection with the Syllabuses and the Assessments; and
6.4.4
use reasonable endeavours to seek recognition and educational standing
for the Syllabuses in the Territory.
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7
Intellectual Property and Confidentiality
7.1
The Parties agree that:
7.1.1
the CIE Intellectual Property Rights are and shall remain the property of
CIE; and
7.1.2
all goodwill resulting from the use of the CIE Intellectual Property Rights
under this Agreement shall inure to the benefit of CIE.
7.2
CIE hereby grants BC a non-exclusive non-transferable royalty-free licence together
with a right to sub-licence to the Approved Schools for the duration of their Approval
only in the Territory for the term of this Agreement to use the Syllabuses,
Assessments and Materials solely for the purposes of exercising its rights and
performing its obligations under this Agreement.
7.3
BC shall ensure that each use by BC of any of the CIE Intellectual Property Rights is
in a manner approved in advance by CIE and is, where possible, accompanied by an
acknowledgement, in a form approved by CIE, that the same forms part of the CIE
Intellectual Property Rights.
7.4
BC shall procure that the Approved Schools shall:
7.4.1
not use the names or logos of CIE or The University of Cambridge (“the
Trade Marks”) without the prior written approval of CIE and/or BC (as
determined in advance by CIE) for each such use;
7.4.2
ensure that each use of the Trade Marks accurately reproduces the Trade
Marks in the form in which the Trade Marks were provided by CIE;
7.4.3
ensure that each use of the Trade Marks shall be in accordance with the
policies and guidelines contained in the CIE marketing materials as
amended from time to time; and
7.4.4
ensure that the Trade Marks shall not be used in any way which may
suggest or imply that CIE and/or The University of Cambridge endorses or
supports any product or service other than the Syllabuses, Assessments
and/or Awards.
7.5
BC shall not and shall procure that the Approved Schools shall not:
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7.5.1
use the CIE Intellectual Property Rights (including without limitation the
name “Cambridge”), other than as expressly provided in this Agreement;
7.5.2
make any modifications to any of the CIE Intellectual Property Rights
without the prior written consent of CIE; or
7.5.3
use or permit and use of any of the CIE Intellectual Property Rights in any
way which might prejudice their distinctiveness or validity or the goodwill
of CIE.
7.6
In the event that CIE issues an amended version of any logo or other marketing
materials, BC shall, and shall procure that the Approved School shall, use such new
logo or marketing materials in place of the existing logo or marketing materials in
accordance with applicable CIE rules and regulations, as amended from time to time.
7.7
Except as provided in clause 7.2, none of the Parties shall have or acquire any rights
under this Agreement in respect of the Intellectual Property Rights or any associated
goodwill of the other party.
7.8
BC shall promptly and fully notify CIE of any actual, threatened or suspected
infringement in the Territory of the CIE Intellectual Property Rights which comes to
BC’s notice, and of any claim by any third party coming to its notice that the
marketing and/or offering of the Syllabuses, the Assessments, the Awards and/or the
Certificates infringes any rights of any third party. BC shall provide CIE with all the
information in its possession in relation to such a claim or infringement and shall cooperate with CIE so far as reasonably requested for the purpose of seeking to
resolve such a claim or infringement.
7.9
All data and other documents and information (other than promotional material)
supplied by CIE to BC and/or the Approved Schools under this Agreement
(“Supplied Material”) shall remain the property of CIE and shall be treated as
confidential.
7.10
BC shall not and shall procure that the Approved Schools shall not during the term of
this Agreement or thereafter use any Supplied Material or disclose any Supplied
Material to any third party save to the extent as may be reasonably necessary for the
fulfilment of BC ’s duties and obligations under this Agreement.
7.11
BC’s obligations under clause 7.10 shall cease to apply to:
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7.11.1
any Supplied Material which becomes available to the public generally
other than through a breach of a duty of confidentiality owed to CIE;
7.11.2
any information which BC can prove was rightfully known to BC at the
time of receipt from CIE and not subject to any existing obligations of
confidentiality;
7.11.3
information that was lawfully received from a third party without restriction
or breach of obligation; and
7.11.4
any disclosure of Supplied Material pursuant to a judicial or other lawful
government order.
8
Data Protection
8.1
In the event a party is acting as a data processor (hereafter the “Processing Party”)
(as defined by the Act) for the other party (hereafter the “Controller Party”), the
Processing Party undertakes in respect of personal data (as defined by the Act)
processed by it (“Personal Data”):
8.1.1
to keep the Personal Data confidential and not use or disclose the
Personal Data other than as provided for under this Agreement save at
the specific request of the Controller Party or as required by law;
8.1.2
to ensure that:
(i)
only such of its employees who may be required during the course
of their employment to perform tasks relating to services
undertaken to be provided by the Processing Party under this
Agreement shall have access to the Personal Data; and
(ii)
such employees are aware of the data protection principles set out
in Part I of Schedule 1 to the Act and the Processing Party’s
obligations under this Agreement to comply with them in relation to
all personal data processed by it on behalf of the Controller Party,
and;
(iii)
to have in place appropriate technical and organisation measures
to safeguard against accidental or unlawful destruction or
accidental loss, alteration, unauthorised disclosure or access to
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the Personal Data. Such measures shall (taking into account the
state of technological development and the cost of implementing
such measures) be appropriate to the nature of the Personal Data
processed by the Processing Party.
8.2
The Processing Party and the Controller Party shall discuss and agree appropriate
security measures to be implemented in respect of the exchange of Candidate data
and other data including Personal Data, between the parties.
8.3
The Processing Party shall promptly notify the Controller Party in the event that the
Processing Party receives a request for access to Personal Data under the Act. The
Processing Party shall fully co-operate and provide all assistance reasonably
requested by the Controller Party in order to enable the Controller Party to respond to
each request within the timescales in the Act. The obligations in this clause 8.3 shall
continue following termination of this Agreement for such time as the Processing
Party shall hold Personal Data under this Agreement.
9
Freedom of Information
9.1
BC acknowledges that CIE is subject to the requirements of the Freedom of
Information Act 2000 (as amended from time to time) (the “FOIA”) and BC agrees it
shall cooperate and provide all necessary assistance as may be reasonably
requested by CIE (at its expense) to enable CIE to comply with its obligations under
the FOIA.
9.2
Notwithstanding the generality of clause 9.1, BC shall provide CIE within five (5)
working days of receipt of a request for assistance from CIE with such information in
its possession or power as may be reasonably requested in order to assist CIE to
comply with its obligations under the FOIA.
10
Liabilities
10.1
In addition to any other remedy available to CIE, BC (except in respect of death or
personal injury arising from the negligence of CIE or in respect of fraudulent
misrepresentation on the part of CIE) irrevocably and unconditionally agrees to
indemnify CIE in full and on demand and keep CIE so indemnified from and against
all claims, demands, actions and proceedings made or brought against CIE and all
damages, losses (including all consequential and indirect losses), costs and
expenses (including legal and other professional adviser’s fees) whether or not
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foreseeable at the date of entering into this Agreement incurred or suffered by CIE
directly or indirectly as a result in whole or in part from breach of this Agreement by
and/or the negligence of BC.
10.2
Except in the case of death or personal injury caused by negligence, fraudulent,
misrepresentation or in other circumstances where liability may not be so limited
under any applicable law, the total aggregate liability of CIE to one or more of the
other Parties,
whether in contract, tort, negligence, breach of statutory duty or
otherwise for any loss or damage, costs or expenses arising under or in connection
with this Agreement:
10.2.1
in respect of physical damage to property caused by the negligence of
CIE shall not exceed the sum of £10,000 and
10.2.2
in respect of any other loss or damage, whether arising in contract, tort,
negligence, breach of statutory duty or otherwise, shall not exceed an
amount equal to or the lesser of:
(i)
100% of the fees paid to CIE under this Agreement:
(A)
within the twelve (12) months prior to the date of the claim;
or
(B)
if this Agreement is terminated prior to the date of the
claim, within twelve (12) months to the date of termination;
or
(C)
if less than twelve (12) months of the term of this
Agreement has expired, the period from the date of
commencement of this Agreement to the date of the claim;
and
(ii)
the sum of £ 225,000.
If this limitation is adjudged to be unreasonable in the circumstances the limit of CIE’s
liability shall be increased to the amount CIE can recover from its insurer for direct
loss.
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10.3
For the purposes of clause 10.2, any number of acts or omissions whether
successive or concurrent which together result in or contribute to substantially the
same loss or damage shall be treated as one act or omission.
10.4
The payments due under this Agreement have been negotiated and agreed on the
basis that CIE may limit its liability to the other Parties as set out in this Agreement
and each of the other Parties confirms that it will itself bear or insure against any loss
for which CIE has limited or excluded its liability under this Agreement.
10.5
Except as set out in this Agreement, all warranties, conditions, terms and
undertakings, express or implied, whether by statute, common law, custom, trade or
usage, course of dealings or otherwise (including without limitation as to quality,
performance or fitness or suitability for purpose) in respect of any service or products
to be provided by CIE under this Agreement are hereby excluded to the fullest extent
permitted by law.
11
Force Majeure
11.1
If any Party is affected by Force Majeure it shall forthwith notify the other Parties of
the nature and extent thereof.
11.2
None of the Parties shall be deemed to be in breach of this Agreement by reason of
any delay in performance, or non-performance, of any of its obligations hereunder to
the extent that such delay or non-performance is due to any Force Majeure of which
it has notified the other Parties, and the time for performance of these obligations
shall be extended accordingly.
11.3
If a Party is by reason of Force Majeure delayed in performing or is unable to perform
all or substantially all of its obligations hereunder for a period in excess of three (3)
weeks then either of the other Parties may terminate this Agreement forthwith by
notice in writing to the Party affected by Force Majeure in addition to the other Party
and provided further that the provisions of this clause shall not absolve a Party’s
obligations to pay all sums due under this Agreement by the due date for such sums.
12
Dispute Resolution
12.1
Should the Parties be unable to reach agreement on the meaning or interpretation of
any terms set out hereto or in any other matters arising out of this Agreement, the
matter in dispute shall be resolved by negotiation by the signatories (or their
delegates).
533574529/25 Sep 2007
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12.2
Should resolution not be achieved pursuant to clause 12.1, any such dispute arising
out of or in connection with this Agreement, including any question regarding its
existence, validity or termination, or the legal relationships established by this
Agreement, shall be referred to and finally resolved by arbitration under the [Rules of
the London Court of International Arbitration/International Chamber of Commerce],
which Rules are deemed to be incorporated by reference into this 12.2.
12.1
It is agreed that:
12.1.1
the tribunal shall consist of [one] arbitrator (who is to be a practising
barrister;);
12.1.2
the place of the arbitration shall be
;
12.1.3
the language of the arbitration shall be English.
13
Duration and Termination
13.1
This Agreement shall come into effect on the Commencement Date and, subject as
provided in clauses 13.2, 13.3 and 13.4 hereof, shall continue to be in force for a
period of three (3) years (the “Term”) unless or until terminated in accordance with
this clause 13.
13.2
This Agreement shall be renewed automatically at the end of the Term for a further
three year period (hereafter for each set of three year periods “Successive Term”)
and thereafter at the end of each Successive Term unless and until at any time
during any of the Term or the Successive Term, any Party gives the other Parties six
(6) months written notice of its intention to terminate this Agreement, such notice to
be provided no less than six (6) months prior to the anniversary of the
Commencement Date.
13.3
Any Party may terminate this Agreement at any time by giving twelve (12) months’
notice in writing to each of the other Parties.
13.4
Any Party shall be entitled forthwith to terminate this Agreement by written notice to
each of the other Parties if:
13.4.1
either of the other Parties commits any breach of any of the provisions of
this Agreement and, in the case of a breach capable of remedy, fails to
533574529/25 Sep 2007
19
remedy the same within thirty (30) days after receipt of a written notice
giving full particulars of the breach and requiring it to be remedied;
13.4.2
if BC and/or CIE are unable, using reasonable endeavours, to fulfil their
responsibilities under this Agreement;
13.4.3
in the case of BC, an encumbrancer takes possession or a receiver is
appointed over any of the property or assets of either of BC;
13.4.4
BC makes any voluntary arrangement with its creditors or becomes
subject to an administration order;
13.4.5
BC goes into liquidation (except for the purposes of an amalgamation or
reconstruction and in such manner that the institution resulting therefrom
effectively agrees to be bound by or assume the obligations imposed on
the other party under this Agreement);
13.4.6
anything analogous to any of the foregoing under the law of any
jurisdiction occurs in relation to any of the Parties; or
13.4.7
13.5
BC cease, or threatens to cease, to carry on business.
CIE shall be entitled to terminate this Agreement:
13.5.1
by giving not less than sixty (60) days written notice to BC and to The
Ministry if:
(i)
BC and/or The Ministry at any time challenges the validity of the
CIE’s Intellectual Property Rights;
(ii)
at any time there is a material change in the ownership or structure
of BC which in the reasonable view of CIE materially affects the
ability of BC to perform its obligations under this Agreement; or
(iii)
at any time BC and/or The Ministry misrepresents its relationship
with CIE or the University of Cambridge.
13.6
Any waiver by any Party of breach of any provision of this Agreement shall not be
considered as a waiver of any subsequent breach of the same or any other provision
thereof.
533574529/25 Sep 2007
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13.7
The rights to terminate this Agreement given by this clause shall be without prejudice
to any right or remedy of any Party in respect of the breach concerned (if any) or any
other breach.
14
Consequences of Termination
14.1
Upon termination of this Agreement for any reason:
14.1.1
outstanding monies due by BC to CIE shall become immediately payable
by BC;
14.1.2
BC shall cease to promote, market or advertise the Syllabuses, and/or
Assessment and to make use of any of CIE’s Intellectual Property Rights;
14.1.3
each Party shall honour any outstanding services due to the other at the
date of termination;
14.1.4
BC shall cease to promote itself as a Cambridge International Partner as
set out in clause 3.3 hereof;
14.1.5
all licences granted hereunder shall terminate;
14.1.6
all Supplied Materials which are confidential shall be returned by BC to
CIE together with any other materials which were supplied by CIE to BC
which are requested by CIE to be returned;
14.1.7
all Approvals granted to Approved Schools by The Ministry shall terminate
and
14.1.8
subject as otherwise provided herein and to any rights or obligations
which may have accrued prior to termination, no Party shall have any
further obligation to the other Parties under this Agreement.
14.2
The obligations of all Parties shall be carried out in all aspects in accordance with the
relevant terms and conditions of this Agreement as applicable prior to termination,
and in the event that CIE shall determine that the circumstances of termination
warrant ongoing activities, BC as requested by CIE, shall co-operate fully both before
and after termination of this Agreement with any institution which is selected by CIE
and approved by The Ministry to register Candidates previously enrolled on Courses
in order to facilitate the change of course provider.
533574529/25 Sep 2007
21
14.3
In the event that this Agreement is terminated for any reason, and if CIE deem it
appropriate in the circumstances, BC and The Ministry agree that the existing
Candidates, who were enrolled on Courses under this Agreement prior to the date of
termination, may register for entry through either another registered CIE centre (as
indicated and approved by CIE) or as a private candidate.
14.4
The following clauses shall survive termination of this Agreement howsoever caused:
4.2, 7.9-7.11, 8.3, 10, 14-17.
15
General
15.1
BC shall not, without the prior written consent of CIE, be entitled to perform any of its
obligations through any other company or entity or to assign, mortgage, charge or
dispose of any of its rights hereunder, or sub-contract or otherwise delegate any of its
obligations hereunder (save and except to any wholly owned subsidiary of BC).
15.2
This Agreement contains the entire agreement between the Parties with respect to
the subject matter hereof save and except the Handbook, the Middle East and North
Africa Fees Schedule, and the CIE marketing materials, as amended from time to
time, and supersedes all previous agreements and understandings between the
parties with respect thereto, and may not be modified except by an instrument in
writing signed by the duly authorised representatives of the Parties.
15.3
Each Party acknowledges that in entering into this Agreement, it does not do so on
the basis of, and does not rely on, any representation or warranty or other provision
except as expressly provided herein. However, nothing in this Agreement purports to
exclude liability for any fraudulent statement or act.
15.4
All sums payable by a Party under this Agreement shall be paid free and clear of any
deduction, withholdings, set-offs or counterclaims (“Withholdings”) save only as
may be required by law. If any Withholdings are required by law each party shall be
obliged to pay such sum as will after such Withholdings have been made leave the
other party with the same amount as it would have been entitled to receive in the
absence of a requirement to make a Withholding.
15.5
Nothing contained in this Agreement shall be construed to imply a partnership, or
employer and employee or principal and agent relationship between the parties and
none of the Parties shall have any right, power or authority to create any obligations,
express or implied on behalf of the other.
533574529/25 Sep 2007
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15.6
No person who is not a Party to this Agreement shall have any right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement
but this does not affect any right or remedy of a third party which exists or is available
apart from that Act.
15.7
Each Party warrants to the other Parties that it has full power and authority to enter
into this Agreement.
15.8
The failure to exercise or delay in exercising a right or remedy provided by this
Agreement or by law does not constitute a waiver of the right or remedy or a waiver
of other rights or remedies.
A waiver of a breach of any of the terms of this
Agreement or of a default under this Agreement does not constitute a waiver of any
other breach or default and shall not affect the other terms of this Agreement. A
waiver of a breach of any of the terms of this Agreement or of a default under this
Agreement will not prevent a party from subsequently requiring compliance with the
waived obligation.
15.9
If any provision of this Agreement shall be held to be unlawful, invalid or
unenforceable, in whole or in part, under any enactment or rule of law, such provision
or part shall to that extent be severed from this Agreement and rendered ineffective
as far as possible without modifying or affecting the legality, validity or enforceability
of the remaining provisions of this Agreement which will remain in full force and
effect.
15.10 This Agreement may be entered into by the parties on separate counterparts, each of
which so executed and delivered shall be an original, but all the counterparts shall
together constitute one and the same instrument.
15.11 The Parties agree that where there shall be an English and local language version of
this Agreement, and in the event that the local language version of this Agreement
contains any conflicting provisions or variations to the English version and/or any
typographical errors, the parties agree that such conflicting provisions, variations
and/or typographical errors, shall be amended in manuscript and initialled by the
authorised representatives of the parties. For the avoidance of doubt, in the event of
a conflict between the English and local language versions of this Agreement, the
English version shall prevail.
533574529/25 Sep 2007
23
16
Applicable Law
16.1
This Agreement shall be governed by the laws of England.
17
Notices
17.1
Any notice or other communication given under this Agreement shall be in writing
and signed by or on behalf of the party giving it and shall be served by delivering it
personally or sending it by pre-paid recorded delivery or registered post (or
registered airmail in the case of an address for service outside the United Kingdom)
or fax to the address and for the attention of the relevant party set out in clause 17.3
(or as otherwise notified by that party for the purposes of this Agreement).
17.2
Any such notice shall be deemed to have been received:
17.2.1
if delivered personally, at the time of delivery;
17.2.2
in the case of pre-paid recorded delivery or registered post, two Business
Days from the date of posting;
17.2.3
in the case of registered airmail, five Business Days from the date of
posting; and
17.2.4
in the case of fax, at the time of transmission provided that a transmission
report is generated by the sender’s fax machine recording a message on
the recipient’s fax machine, confirming that the fax was sent to the
number indicated below and that all pages were successfully transmitted.
Provided that if deemed receipt occurs before 9am on a Business Day the notice
shall be deemed to have been received at 9am on that day, and if deemed receipt
occurs after 5pm on a Business Day, or on a day which is not a Business Day, the
notice shall be deemed to have been received at 9am on the next Business Day. For
the purpose of this Clause, “Business Day” means any day which is not a Saturday, a
Sunday or a public holiday in the place at or to which the notice is left or sent.
17.3
The addresses and fax numbers of the Parties for the purposes of clause 17.1 are:
533574529/25 Sep 2007
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The Ministry of Education
Address:
[
]
For the attention of:
[
]
Fax number:
[
]
CIE
Address:
Syndicate Buildings, 1 Hills Road, Cambridge, CB1 2EU,
UK
For the attention of:
Chief Executive, Cambridge International Examinations
Fax number:
[
]
BC
Address:
10 Spring Gardens, London, SW1A 2BN
For the attention of:
[
Fax number:
00 44 207 389 4140
]
or such other address or fax number as may be notified in writing from time to time
by the relevant party to the other Party.
17.4
In proving such service it shall be sufficient to prove that the envelope containing
such notice was addressed to the address of the relevant Party set out in clause 17.3
(or as otherwise notified by that Party for the purposes of this Agreement) and
delivered either to that address or into the custody of the postal authorities as a prepaid recorded delivery, registered post or airmail letter, or that the notice was
transmitted by fax to the fax number of the relevant Party set out in clause 17.3 (or as
otherwise notified by that Party for the purposes of this Agreement).
17.5
For the avoidance of doubt, notice given under this Agreement shall not be validly
served if sent by e-mail.
533574529/25 Sep 2007
25
Schedule 1
Syllabuses
International General Certificate of Secondary Education (IGCSE)
Advanced Subsidiary (AS)
Advanced International Certificate of Education (AICE)
Advanced Level (AL)
Cambridge International Primary Programme (CIPP)
Cambridge Lower Secondary Programme (CLSP)
533574529/25 Sep 2007
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Schedule 2
Duties of BC
1
BC shall:
1.1
correspond with The Ministry and liaise between CIE and The Ministry;
1.2
organise and be responsible for the administration of Inspection and
Unannounced Inspection visits;
1.3
collect the Entry and annual fees from Approved Schools in accordance with
clause 5.2 of this Agreement;
1.4
submit a written request for a list of suitable nominated invigilators from The
Ministry by 15 January of every calendar year for the duration of this
Agreement and be responsible for the appointment of suitable invigilators and
ensure they are familiar with the instructions issued by CIE from time to time;
1.5
meet at least once per year with The Ministry and CIE to review the
implementation of the Approved Schools scheme;
1.6
run regular Professional Development Programmes for teachers of the
Syllabuses at the Approved Schools, using staff nominated by CIE. BC shall
award CIE certificates to all teachers who have successfully completed the
Professional Development Programmes.
The Ministry shall be entitled to
nominate participants in the Professional Development Programme by written
notice to BC, and of those Ministry-nominated participants, 25% shall be
entitled to attend the Professional Development Programmes free of charge.
1.7
manage and organise awards ceremonies and such other events as shall be
agreed with CIE from time to time;
1.8
correspond with Candidates and the Approved Schools on every aspect of
the examinations on behalf of CIE;
1.9
submit to CIE, in accordance with the instructions given when the information
is requested, details of provisional and actual entries (Part 2 of the
Handbook); marks for internally assessed components (Parts 4A and 4B of
533574529/25 Sep 2007
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the Handbook); forecast grades (Part 2 of the Handbook) and any other
information that CIE may reasonably require in relation to its examinations;
1.10
issue through the Approved Schools to each Candidate details of the dates
and times of his/her examinations; a statement of the Candidate’s
examination entry; the Candidate’s provisional results; any Certificate issued
by CIE;
1.11
ensure that the Approved Schools inform the Candidates that their data will
be passed to third parties;
1.12
provide assistance for queries on Syllabuses, Assessments, and Awards;
1.13
ensure that the work contained in every Candidate’s Assessment submission
is despatched to CIE according to the instructions issued by CIE (Part 4 of the
Handbook);
1.14
arrange for all examinations relating to the Syllabuses to take place in BC’s
local examination centre, or at such other centre as BC may deem suitable
after consultation with CIE. BC shall submit any applications for changes to
the venue or timetable in accordance with the regulations (Part 3 and Part 5
of the Handbook);
1.15
make any applications for Special Arrangements and Special Consideration
(as these terms are defined in the Handbook) in accordance with the
regulations and guidance (Part 6 of the Handbook);
1.16
ensure that Candidates have access to suitable accommodation to sit the
Assessments including practical tests (Part 3 of the Handbook);
1.17
ensure that all Candidates in each Assessment, including private Candidates,
are identified (Part 3 of the Handbook);
1.18
report to CIE any established, suspected or alleged cases of malpractice by a
Candidate or of malpractice or maladministration by a member of staff
discovered by the Centre, assist any investigation which ensues from that or
from any malpractice suspected by CIE, and provide such information and
advice as CIE may reasonably require (Part 7 of the Handbook);
533574529/25 Sep 2007
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1.19
with the assistance of CIE, make such special examination arrangements as
Approved Schools request from within the provisions available in the
Handbook and CIE’s regulations (Part 5 and Part 6 of the Handbook)
1.20
submit and process any result enquiry and/or appeal in accordance with the
appropriate regulations (Part 9 of the Handbook);
1.21
ensure that CIE is notified when the Approved School changes premises and
to inform CIE of any changes to contact details such as changes to telephone
or fax numbers; (a copy of a form to be used for informing CIE can be found
in the Handbook);
1.22
remit any examination fees, Professional Development Programme fees,
annual registration fee and inspection fees in the manner and at the time
specified by CIE;
1.23
retain all unclaimed Certificates under secure conditions for a minimum period
of twelve months from the date of issue and not destroy any unclaimed
Certificates (Part 8 of the Handbook);
1.24
be responsible for the proper administration and conduct of the Assessments
in the Approved Schools;
1.25
retain all collected Assessments for twenty-four (24) hours;
1.26
ensure that the receipt and security of examination materials and
Assessments; the distribution of the examination papers to the Candidates;
the collection of scripts at the end of each examination and Assessments and
their appropriate despatch; as well as the maintenance of constant and
effective supervision of the Candidates; are all carried out in accordance with
CIE’s regulations;
1.27
inform and advise Heads of Centres (as that term is defined in the
Handbook);and;
1.28
ensure that all tutors involved in the delivery of qualifications in the Centre
understand the subject area concerned.
533574529/25 Sep 2007
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Schedule 3
Services of CIE
1
CIE shall, during the term of this Agreement:
1.1
together with BC, carry out Inspections of new schools recommended by the
Ministry;
1.2
following each Inspection, prepare an Inspector’s Report with BC in the form
attached to this Agreement as Annex 1 using the Guidelines set out in
Appendix 2 and submit it to The Ministry within four weeks of the Inspection;
1.3
together with BC, carry out Unannounced Inspections of Approved Schools
and submit a report to The Ministry within four weeks of the Unannounced
Inspection stating whether or not the school should continue to be an
Approved School;
1.4
issue centre numbers and letters of recognition to Approved Schools;
1.5
together with BC, undertake Security Inspections during examinations;
1.6
provide approved trainers to conduct the Professional Development
Programmes at least once every two years;
1.7
meet at least once per year with the Ministry and BC to review the
implementation of the Approved Schools scheme;
1.8
conduct all Assessments, mark examination scripts, and provide Moderation
services where necessary;
1.9
list the Syllabuses available for examination;
1.10
with the assistance of the BC, make such special examination arrangements
as Approved Schools request from within the provisions available in the
Handbook and CIE’s regulations (Part 5 and Part 6 of the Handbook);
1.11
provide entry materials and documentation;
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1.12
provide Assessment timetables, administrative calendars, additional materials
lists, instructions, question papers and other examination materials and
documentation;
1.13
issue results and Certificates, and;
1.14
provide for, investigate and report the outcome of result enquiries and
appeals.
533574529/25 Sep 2007
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SIGNED by
)
for and on behalf of THE MINISTRY OF )
EDUCATION
OF
THE
HASHEMITE )
KINGDOM OF JORDAN in the presence )
of:
)
SIGNED by
)
for and on behalf of UNIVERSITY OF )
CAMBRIDGE
INTERNATIONAL )
EXAMINATIONS in the presence of:
)
SIGNED by
)
for and on behalf of BRITISH COUNCIL, )
in the presence of:
533574529/25 Sep 2007
)
32
Appendix 1
Form of Inspectors’ Report
Inspection of Schools in Jordan for recognition as an
IGCSE/AICE/AS/AL/CIPP/CLSP – Approved School
INSPECTOR’S REPORT
Name of Inspector
………………………………….
Date of visit
………………………………….
Initial inspection/re-inspection of unapproved school/re-inspection of approved school
1.
General Questions
1.1 Name of School
………………………………….
1.2 Full address of school
………………………………….
………………………………….
………………………………….
1.3 Telephone number
………………………………….
1.4 Fax number
………………………………….
1.5 Name of Principal
………………………………….
1.6 Name of IGCSE/AICE/AS/AL/CIPP/CLSP Co-ordinator
……………………………………………………………………………………
…….
1.7 Brief description of school (i.e. is the building purpose built or converted
premises; approximate area of the school; where sited; accessibility)
533574529/25 Sep 2007
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………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
1.8 For which examinations does the school prepare its students at present?
IGCSE
AS/AL
AICE
CIPP
CLSP
Tawjihi
Other
If “other” please specify: ……………………………………….
2.
Accommodation for Teaching
(Note for Inspectors: No more than 30 pupils should be in an IGCSE teaching
group of one teacher, or more than 15 in an AS or AICE teaching group of one
teacher. [CIPP/CLSP classes?] Teaching rooms should be clean, well lit and
ventilated, quiet and capable of accommodating the stated number of pupils).
2.1 How many classrooms are used/will be used for IGCSE/AS/AICE/CIPP/CLSP
teaching purposes?
………………………………….
2.2 Give brief descriptions of a typical IGCSE/AS/AICE/CIPP/CLSP teaching room
with particular regard to the number of students that could be taught in one
session, lighting, ventilation and noise level.
Capacity
…………………………………………………………………
…
(area of room/number of pupils)
Furniture
…………………………………………………………………
…
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Lighting
…………………………………………………………………
…
Ventilation
…………………………………………………………………
…
What is/will be the number of pupils in the classroom? ………………………..
2.3 Are these classrooms acceptable for the purposes for which they are
used/intended?
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
3.
Science Laboratory Facilities
(Note for Inspectors: Laboratories should exist for the subject(s) that schools
intend to teach/are teaching. Facilities should provide opportunity for practical
work and not just for demonstration. Laboratories should have basic equipment
adequate to service the requirements of the IGCSE/AICE/AS/AL/CIPP/CLSP
curriculum; but expensive equipment is not required. Water, gas and electricity
should be available. The school must adopt sensible safety procedures).
3.1 Does the school have science laboratories? ……………….
3.2 If yes, how many and for what purpose?
………………………………….………………………………….………………
……
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………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
3.3 Give a brief description of each laboratory regarding the number of students that
can be taught in one session, lighting, ventilation, noise level, and safety
provisions and procedures.
Capacity
…………………………………………………………………
…….
Furniture
…………………………………………………………………
…….
Equipment
…………………………………………………………………
…….
Lighting
…………………………………………………………………
…….
Ventilation
…………………………………………………………………
…….
Noise level
…………………………………………………………………
…….
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Safety precautions
…………………………………………………………………….
Running water
yes/no
Working gas supply
yes/no
Electrical points
yes/no
3.4 Does the school intend to offer IGCSE/GCE/AS/AL computer studies?
yes/no
3.5 If yes, does the school have computer laboratories?
yes/no
3.6 How many, and what type?
……………………………………………………………………………………
……….
3.7 Give a brief description of the number of students that could be taught in one
session, lighting, ventilation and noise level.
Capacity
…………………………………………………………………
…….
Furniture
…………………………………………………………………
…….
Equipment
…………………………………………………………………
…….
Lighting
…………………………………………………………………
…….
533574529/25 Sep 2007
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Ventilation
…………………………………………………………………
…….
Noise level
…………………………………………………………………
…….
3.8 Are there any other specialised areas (multi-purpose rooms, assembly rooms,
language laboratories?)
If yes, please give details:
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
4.
The Library
(Note for Inspectors: On first inspection it is unrealistic to expect libraries to
have stocks of books directly related to the IGCSE. Look for general materials
(i.e. not just EFL) in the English language – encyclopaedias, journals, novels –
which demonstrate that the school encourages the use of English. At reinspection library provision should support IGCSE studies by providing a wider
range of books and of other materials including CD-ROMs that will be available
in the classroom).
4.1 Does the school have a library?
yes/no
4.2 If yes, give a brief description of size, number of books, periodicals and other
materials, opening times, private study facilities, and the name of the Librarian.
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Size
…………………………………………………………………
…….
Furniture
…………………………………………………………………
…….
Number of books
…………………………………………………………………
…….
Other materials (including tapes, videos, CD-ROM, audio and film)
…………………………………………………………………
…….
Opening times
…………………………………………………………………
…….
Library
rules/timetable………………………………………………………………….
Name of Librarian
…………………………………………………………………….
4.3 Are there any subject-specific libraries?
yes/no
4.4 If yes, give a brief description of each:
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
533574529/25 Sep 2007
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………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
5.
Resources
5.1 (Re-inspection only). Are sufficient resources (e.g. text books) provided for the
teaching of IGCSE/AICE/AS/AL/CIPP/CLSP courses?
yes/no
If no, please explain:
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
6.
Supporting Documentation
Were you given copies of the following:
6.1 Official prospectus or brochure or other promotional material
yes/no
If no, please explain:
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
6.2 A list of full time and part time teachers giving their names, sex, age, subjectspecific, qualification, nationality, years teaching at the school, total teaching
experience and their subject expertise?
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40
yes/no
If no, please explain:
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
* are all the teachers’ qualifications recognised by the Ministry of Education?
yes/no
* were you given access to teachers’ preparation and mark books, and to
samples of students’ work?
yes/no
If no, please explain:
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
6.3 An analysis of the composition of the students in the school by age, sex and
nationality?
yes/no
If no, please explain:
………………………………….………………………………….………………
……
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41
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
6.4 Copies of the timetables of the years group taking
IGCSE/AICE/AS/AL/CIPP/CLSP examinations?
yes/no
If no, please explain:
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
6.5 Evidence of the attendance register?
yes/no
If no, please explain:
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
6.6 An inventory (if appropriate) of:
(a) Science equipment
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yes/no
42
(b) Computer laboratory equipment
yes/no
(c) Library
yes/no
If no, please explain:
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
7.
Subjects Taught
Which of the following subjects are/will be taught?
8.
a first language
yes/no
English as a second language
yes/no
a foreign language
yes/no
literature
yes/no
Science or a (named) science
yes/no
Mathematics
yes/no
A social science or humanities
yes/no
Others
yes/no
Conclusion
8.1 Do you recommend the school as suitable to serve as an IGCSE/GCE/AS/AL
approved school?
Recommend
533574529/25 Sep 2007
Not Recommended
43
8.2 If the recommendation is positive please define the number limits for students to
register and to sit exams for the IGCSE/AICE/AS/AL/CIPP/CLSP by subject.
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
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44
8.3 If the recommendation is negative please outline the reasons why, and specify
those areas in which the school must achieve compliance before requesting reinspection.
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
8.4 Any other comments
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
………………………………….………………………………….………………
……
Signature of CIE Inspector
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…………………………
45
Name of CIE Inspector
…………………………
Date of report
…………………………
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46
Appendix 2
Guidelines for Schools in Jordan wishing to be recognised as Schools approved to
teach the scheme leading to the examinations of International General Certificate of
Secondary Education (IGCSE) Advanced Subsidiary (AS) Advanced Level (AL)
Advanced International Certificate of Education (AICE) Cambridge International
Primary Programme (CIPP) Cambridge Lower Secondary Programme (CLSP)
1.
Introduction
These
Guidelines
for
Schools
in
Jordan wishing to
be
recognised
as
IGCSE/AICE/AS/AL/CIPP/CLSP Teaching Schools have been developed because an
increasing number of schools wish to offer IGCSE/AICE/AS/AL/CIPP/CLSP
courses, and evaluation of schools is important to maintain standards and to reassure
parents that quality control remains paramount. The guidelines have been written to
help CIE inspectors who visit schools to establish whether or not they are suitable to
be recommended to the Ministry of Education to teach IGCSE and/or AICE and/or
AS level and/or AL and/or CIPP and/or CLSP. These guidelines will apply both to
initial inspections and re-inspections.
Each school should use the criteria in this document to make its own preliminary
determination as to whether it is ready to request inspection to be an
IGCSE/AICE/AS/AL/CIPP/CLSP approved school.
This document shall be made available to schools upon request.
2.
How to Apply to be an IGCSE/AICE/AS/AL/CIPP/CLSP-Approved School
A school wishing to become an IGCSE/AICE/AS/AL/CIPP/CLSP-approved school
must write in the first instance to the Ministry of Education.
The Ministry of
Education will decide whether to recommend the school for inspection, and will
inform CIE through The British Council.
CIE will arrange, under the auspices of The British Council, for an approved inspector
to visit the school as soon as possible.
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47
3.
Criteria for Recognition as an IGCSE/AICE/AS/AL/CIPP/CLSP-Approved
School
The criteria for recognition as an IGCSE/AICE/AS/AL/CIPP/CLSP-approved school
are:
the school must be full-time at secondary level and recognised as such by the Ministry of
Education;
the school building must exist and teaching must take place;
at re-inspection, the school must have resources sufficient to prepare candidates for the local
IGCSE/AICE/AS/AL/CIPP/CLSP examinations.
Resources that will be the subject of
inspection include library, subject-specific textbooks, laboratory facilities;
all teaching of subjects take place within the school;
all teachers must have a sufficient level of English Language and a recognised qualification
in their subject area endorsed by the Ministry of Education;
the school must offer a full curriculum over a broad range of subjects;
student attendance registers must be adequately kept by the school so that inspectors can
verify
the
correlation
between
contact
hours
and
pupils
registered
for
the
IGCSE/AICE/AS/AL/CIPP/CLSP examinations;
staff/pupil ratios should not exceed 1:30 in IGCSE classes; or 1:15 for AS or AL classes.
[CIPP/CLSP classes?]
4.
Evidence that must be available to the CIE Inspectors
a copy of the official prospectus or brochure of the school and any other promotional
material;
a list of all the full-time and part-time teaching staff giving their names, age, sex,
qualifications, nationality, years at the school (including the current year), total teaching
experience
and
their
subject
expertise.
At
least
50%
of
teachers
of
IGCSE/AICE/AS/AL/CIPP/CLSP classes should be full-time teachers at the school being
inspected;
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48
samples of the teachers’ preparation books, work of students in all subjects and teachers’
evaluation of that work;
an analysis of the composition of the student body in the school with respect to age, sex, and
nationality;
copies of the timetable of the year group of students to take (for initial inspections) or taking
(re-inspections) IGCSE/AICE/AS/AL/CIPP/CLSP courses;
staff and pupil lists correlated with timetable to allow confirmation that the staff/pupil ratio of
IGCSE/AICE/AS/AL/CIPP/CLSP classes does not exceed 30/1:15/1:15 respectively;
copies of attendance registers and any rules governing attendance at the school;
inventory of science equipment, computers and any other specialised equipment;
access to library facilities, and information about library holdings;
(note i - the above facilities must be appropriate for the number of candidates
being entered for IGCSE/AS/AICE/AL/CIPP/CLSP in that year).
(note ii - a school can request a re-inspection if it wishes to increase it number
of IGCSE/AICE/AS/AL/CIPP/CLSP candidates, i.e. if its facilities
have been improved since the last inspection).
5.
Duration and Nature of an CIE Inspection Visit
The inspection will normally take place over a period of two days. The visit will
begin with a meeting with the Principal or his/her appointed deputy, the CIE
inspector, and a representative from the British Council during which any areas of
importance will be discussed.
The inspector will visit classrooms, laboratory
facilities (if appropriate to the subjects of application) and the library. He/She will
examine text books and exercise books, and speak with members of the staff and
students.
At re-inspection, usually of one-day duration, the inspector must see
evidence of teaching of the IGCSE/AICE/AS/AL/CIPP/CLSP syllabus.
inspector will undertake a comprehensive tour of the premises and facilities.
6.
Writing the Report
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49
The
The Inspectors will complete the report form and return it for consideration by CIE.
On the evidence of this report and any other information, CIE will decide whether or
not to recommend to the Ministry of Education that this school be approved to offer
teaching and examinations leading to the IGCSE and/or AS and/or AL and/or AICE
and/or CIPP and/or CLSP.
Once a school has been approved by the Ministry of Education is must agree to….
Unannounced quality control re-inspection by CIE representatives;
Unannounced examination inspection by CIE inspectors;
Unannounced quality control inspection of examinations administration by The British
Council Amman;
Re-inspection to maintain its IGCSE/AICE/AS/AL/CIPP/CLSP-approved status.
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