Ali Zuweid's Political Programme
Proposed bill · Education, Scientific Research, Culture, Youth and Sport
General Education and the Right to Modern Education Law
Executive Summary
This bill proposes a modern Iraqi general education framework uniting learners' fundamental rights, free public schooling, compulsory attendance, curricula and assessment, quality, child protection, inclusive education, governance and data, financing and transition from older regulations. It complements rather than replaces the Ministry of Education Law's organisational provisions, establishing substantive citizen rights and educational service standards.
The bill particularly addresses legislative age: compulsory schooling remains historically grounded in a 1976 law, while parts of the school system operate under regulations from the nineteen-seventies. The Ministry Law was recently amended by Law No. (9) of 2025, and new private educational institution instructions appeared in 2026. The bill therefore adopts transitional repeal and replacement preserving study continuity and avoiding regulatory gaps.
Primary education remains immediately compulsory, with a five-year phased move to compulsory basic education through intermediate school. Crucially, families bear no liability where the state has not provided safe, accessible places and reasonable access. The bill prohibits hidden fees, violence, corporal punishment, discrimination and administrative immunity for educational decisions, and establishes grievances and judicial legality review.
Financially, it sets neither an arbitrary budget share nor an unverifiable national total. Instead, it requires medium-term financing, disclosed compulsory-education expansion costs and transparent resource allocation by safety, overcrowding, deprivation, population growth and disability, with regular parliamentary reports.
Constitutional and Legal Context
The bill starts from constitutional Article (34), which establishes education as fundamental to social progress and a state-guaranteed right, makes primary education compulsory, requires combating illiteracy and guarantees Iraqis free education at its various stages. Related principles include equality, motherhood and childhood protection, prevention of school violence, mother-tongue education under Article (4), and judicial appeal rights prohibiting immunity of administrative acts or decisions from review.
Education is not among exclusively federal powers. The bill is therefore a federal framework for institutions under federal authorities and governorates not incorporated into a region, preserving regional constitutional powers and cooperation on nationally portable qualifications, records, examinations and data.
Ministry of Education Law No. (22) of 2011 remains the institutional framework. Its first amendment, Law No. (9) of 2025, appeared in Iraqi Gazette issue (4841) on 22 September 2025.[2] A Supreme Judicial Council study documents Article (40)'s application to technical examination and disciplinary matters, requiring alignment with the constitutional prohibition on insulating administrative decisions from appeal while retaining educational authorities' technical academic judgment.[4]
In 2026, the Iraqi Gazette published new private educational institution establishment-licensing instructions and further instructions on their non-official curricula and licence conditions. Private education regulation is therefore evolving and should retain its specialised licensing while meeting this bill's minimum learner-rights, safety and quality requirements.[5][6]
The Legislative Gap Addressed
The problem is not absence of a ministry or all school rules, but fragmentation between a relatively modern institutional law, a 1976 compulsory education law, historical school regulations and successive instructions amid major developments in child and disability rights, data, technology, private education and crisis management. Learner rights and service standards are dispersed across texts of different ages and legal levels.
Capacity challenges are concrete. Citing Ministry data, the World Bank reports a need for more than ten thousand additional school buildings and notes multiple shifts' effect on learning time. Recent studies confirm continuing overcrowding and infrastructure pressure.[8][10] The bill therefore links compulsory schooling to state provision of places and access and makes safety, overcrowding and learning time measurable and publishable, rather than merely declaring abstract rights.
The system must also move from input management alone to learning quality. The bill establishes legal foundations for periodic curriculum frameworks, national learning assessments, institutional evaluation and educational information systems, protecting data and preventing tests from becoming the sole judgment of schools or students.
Proposed Legislative Policy
- Substantive education law, not another ministry law: The Ministry Law continues governing structures and staff; this bill defines learner rights and educational system standards.
- Implementable compulsory education: Retain immediate compulsory primary schooling, then expand through intermediate education over five years subject to capacity.
- Rights before penalties: Address absence and dropout through support and case management before family liability, without punishing poverty, displacement or public service failure.
- Measurable quality: Curriculum frameworks, safe-school standards, learning assessment, annual reports and unified information systems.
- No unnecessary new authority: Use existing Ministry, directorates and structures, with functional independence for evaluation and grievance teams where needed.
- Cost-based financing: No assumed budget percentage: a medium-term framework, priorities and fair allocation criteria.
- Orderly legal transition: Repeal the 1976 law and progressively replace old regulations without a regulatory vacuum or academic-year disruption.
Text of the Bill
In the name of the people
Presidency of the Republic
On the basis of what the Council of Representatives has approved and the President of the Republic has ratified, pursuant to Article (61), paragraph (First), and Article (73), paragraph (Third), of the Constitution, the following law is enacted:
General Education and the Right to Modern Education Law of 2026
Chapter One — Definitions, Objectives and Principles
Article (1) — Definitions
Unless the context requires otherwise, the following expressions have these meanings. First — Ministry: Ministry of Education. Second — Minister: Minister of Education. Third — General education: organised pre-higher education, including kindergarten, primary, intermediate and preparatory education and legally recognised equivalent pathways. Fourth — Basic education: primary and intermediate education for progressive compulsory schooling under this Law. Fifth — Educational institution: any public, private or foreign school, kindergarten or learning centre under competent educational supervision. Sixth — Learner: a child, pupil or student enrolled in an institution or recognised programme. Seventh — Guardian: father, mother, legal guardian, curator or person lawfully caring for the learner. Eighth — Competent educational authority: the Ministry, General Directorate of Education or legally authorised administrative unit according to territorial and functional competence. Ninth — Reasonable accommodation: adjustments and support needed for equal education of persons with disabilities without disproportionate burden under law. Tenth — National Education Information System: the official system collecting, verifying and analysing general education data and publishing aggregate indicators.
Article (2) — Objectives
First — Guarantee constitutionally free public education and modernise general education law. Second — Improve learning quality and equitable entry, continuation and completion. Third — Progress systematically from compulsory primary to compulsory basic education through intermediate school. Fourth — Protect learners' dignity, safety and institutional rights. Fifth — Establish modern national curriculum, assessment, quality and school environment standards within constitutional powers. Sixth — Support inclusion and reduce gaps linked to location, sex, disability, income, displacement and other deprivation. Seventh — Regulate digital education and emergency learning continuity without permanently replacing in-person education except under educational rules. Eighth — Strengthen transparency, accountability and data-informed planning and finance.
Article (3) — Scope and distribution of powers
First — This Law applies to general education administered or regulated federally and institutions in governorates not incorporated into a region, within constitutional and statutory powers. Second — Regional constitutional provisions and educational rights shall be respected, with federal–regional coordination on shared national matters including qualification equivalence, student transfers, national examinations and statistics, without affecting regional powers. Third — No provision expands federal or local competence contrary to the Constitution. Fourth — Governorates outside regions may provide standards or services above these minimums within their powers and resources.
Article (4) — General education principles
General education rests on dignity, citizenship, rule of law, equality, equal opportunities, non-discrimination, children's best interests and institutional school neutrality; respect for religious, ethnic, linguistic and cultural diversity; critical thought, creativity, scientific knowledge and life skills; links to community needs and sustainable development; and transparent, accountable administration.
Article (5) — Non-discrimination and equal opportunities
First — Unlawful discrimination in admission, teaching, assessment, discipline, transfer or educational services is prohibited on grounds of sex, ethnicity, origin, language, religion, sect, opinion, economic or social status, disability, health, displacement, residence or any factor not objectively related to educational requirements. Second — Defined, temporary positive measures correcting actual deprivation or documented gaps are not discrimination. Third — Authorities shall measure and publish aggregate enrolment, continuation, completion and learning gaps and take corrective action within their powers.
Article (6) — Children's best interests and voice
First — Children's best interests shall be a primary consideration in individual educational decisions, respecting their views according to age and maturity. Second — Significant disciplinary transfer, temporary exclusion, inclusion or accommodation-refusal decisions must be reasoned and communicated understandably to learners and guardians. Third — Best interests shall not justify restricting rights or imposing degrading or discriminatory measures.
Chapter Two — Educational Rights, Access and Compulsory Schooling
Article (7) — Free public education
First — Iraqis have constitutionally free education in public general education institutions. Second — This means no tuition, admission, registration or mandatory public examination fees and free approved core textbooks or content under Ministry mechanisms. Third — Registration, results or school documents shall not depend on donations or contributions not prescribed by law. Fourth — Published, non-discriminatory optional non-essential services may be organised without affecting education or assessment rights.
Article (8) — Primary admission age
First — Children enter primary education after completing age six under an instructional cutoff ensuring stability and fairness. Second — Instructions shall regulate substantiated educational or health early or deferred admission without denying education. Third — Authorities shall provide accessible places for every compulsory-school-age child in their area and transport or temporary alternatives where proximity is unavailable.
Article (9) — Compulsory primary education
First — Primary education is compulsory for all children of compulsory age. Second — Guardians must enrol and support continuation, matched by state duties to provide safe, accessible, reasonably reachable places and basic support. Third — Guardians shall not face liability where non-enrolment or withdrawal stems from no place, unreasonable distance without transport, unmet disability accommodations, displacement, lost documents, severe poverty or circumstances beyond control left unaddressed by authorities. Fourth — Repeated absence shall first prompt communication, support and case management before legal action.
Article (10) — Progressive compulsory basic education
First — Compulsion shall progressively extend through the third intermediate year. Second — Expansion shall occur over no more than five academic years after entry into force, based on published annual capacity, teacher and access assessments. Third — The Council of Ministers, on Ministry proposal and local coordination, shall issue geographical and staged schedules; no family liability arises before reasonable places and access services exist. Fourth — Transition does not reduce any qualified student's free intermediate admission right.
Article (11) — Kindergarten and preschool
First — Preschool forms part of general education and essential preparation for growth and learning but is not compulsory upon entry into force. Second — The Ministry and local authorities shall progressively expand public kindergartens, prioritising deprivation, dense populations and children with disabilities. Third — National early-childhood curriculum, safety, child–educator ratio, physical environment and protection standards shall be set. Fourth — Within five years, the Council of Ministers shall submit a legislative assessment of universal availability of the pre-primary year before making it compulsory.
Article (12) — Admission, registration and missing documents
First — Compulsory-age children shall not be denied temporary admission for missing civil or school documents where identity and stage can reasonably be verified otherwise. Second — The Ministry and competent bodies shall regulate provisional registration and document completion without burdening children with administrative problems beyond their control. Third — Admission and transfer rules must be public and objective, not exclude displaced, returning or vulnerable children. Fourth — Schools shall record refusal reasons clearly and allow grievances.
Article (13) — Retention and return
First — Authorities shall provide flexible return routes for dropouts and over-age learners, including accelerated education, remedial classes and recognised non-formal learning under Ministry standards. Second — Age difference alone shall not extinguish completion rights. Third — Prior-learning equivalence and placement shall prevent unnecessary repetition. Fourth — Children shall be protected from labour and exploitation, with social authorities coordinated to address withdrawal causes.
Article (14) — Language in education
First — Constitutional provisions on official languages and mother-tongue education, including Turkmen, Syriac and Armenian in public institutions under educational rules, and any other language privately under law, shall be respected. Second — Ministry curriculum, staffing, textbook and assessment rules shall preserve quality, transfer and qualification equivalence rights. Third — Language policy shall not discriminate or exclude; transitional language support shall ensure actual learning capacity.
Article (15) — Inclusive education for persons with disabilities
First — Inclusive environments shall be the norm where appropriate to interests and needs; disability alone shall not exclude learners from general education. Second — Institutions and competent bodies shall provide reasonable accommodation, physical and communication access, suitable materials and alternative assessment where needed. Third — Separate placement requires multidisciplinary educational assessment and learner and family participation, with periodic review. Fourth — The Ministry shall set specialist support, staff training and stage-transition standards.
Article (16) — Supporting groups most at risk of deprivation
The Ministry and directorates shall annually target barriers in rural, remote, informal, displaced and impoverished areas and for girls, orphans, children with disabilities and other groups with demonstrated lower opportunities. Measures may include transport, additional classes, compensatory assessment, guidance, meals, supplies or social protection referral under relevant laws and appropriations.
Chapter Three — Learner Rights, Protection and School Environment
Article (17) — Institutional learner rights
In addition to other lawful rights, learners have: First — Dignity, safety and freedom from violence, humiliation and discrimination. Second — Regular education under a published curriculum and adequate actual learning time. Third — Clear school, assessment and discipline rules. Fourth — Reasonable educational feedback and access to records and results under rules. Fifth — Privacy and data protection. Sixth — Age-appropriate participation in activities and school life. Seventh — Complaints and grievances without retaliation. Eighth — Necessary disability or illness arrangements under law. Ninth — A clean, healthy, safe and accessible environment under national standards.
Article (18) — Learner duties
According to age and ability, learners shall attend, respect others' rights, protect public property and follow safety, academic integrity and lawful conduct rules. Educational and disciplinary measures shall respect age, dignity and circumstances, prioritising reform and reintegration over punishment.
Article (19) — Child protection at school
First — Beating, corporal punishment, humiliation, collective punishment, bullying, harassment, exploitation and cruel or degrading treatment are prohibited in institutions and organised activities. Second — Every institution shall publish child protection policy, safe reporting and response channels and responsibilities for suspected abuse. Third — Suspected crimes or serious danger shall be referred lawfully, protecting privacy without delaying urgent safety measures. Fourth — Retaliation against reporters, witnesses or learners seeking protection is prohibited.
Article (20) — School health and wellbeing
First — Education, Health and local bodies shall coordinate preventive school health, referral and primary care within resources and law. Second — Institutions shall plan for chronic illness, allergies and emergencies confidentially. Third — Safe drinking water, suitable separate sanitation and handwashing shall meet measurable phased standards. Fourth — Mental health, psychosocial support and educational guidance shall be considered, without stigma or punishment for health or psychological conditions.
Article (21) — Political and institutional neutrality
First — Schools serve learning and citizenship, not partisan recruitment, electoral propaganda or political pressure. Second — Study time, records, premises and resources shall not promote parties, candidates or political bodies, while neutral civic education supporting constitutional knowledge and democratic participation remains permitted. Third — Balanced, age-appropriate academic teaching of history, political systems and public issues is not prohibited.
Article (22) — Freedom of conscience and diversity
Curricula and activities shall respect the Constitution and religious and cultural diversity, prohibiting coercion, hate incitement and identity-based denigration. The Ministry shall regulate religious or cultural practices and activities educationally, preserving school order and learner and family rights under Constitution and law.
Chapter Four — Curricula, Teaching and Assessment
Article (23) — National curriculum framework
First — The Ministry shall establish stage-specific learning outcomes and core competencies guiding textbooks, materials and assessment. Second — Frameworks and curricula shall be reviewed at least every five years or for substantial scientific or educational need. Third — Reviews require impact study and consultation with teachers, universities, experts, parents and stage-appropriate student representatives, publishing principles and general findings. Fourth — Midyear sudden changes require clear, limited necessity.
Article (24) — Modern educational content
According to age and stage, curricula shall cover literacy, mathematics, science, languages, critical thinking, problem-solving, research, experimentation, citizenship, human rights, rule of law, Iraqi history, geography and cultural diversity, digital and media skills, health, environment, climate, arts, physical education, basic life and financial skills and early career guidance, without overload undermining depth or learning time.
Article (25) — Quality of textbooks and materials
First — Materials require scientific, linguistic, educational and rights review before approval. Second — The Ministry shall publish selection, authorship, assessment and conflict rules and document approved versions and effective dates. Third — Verified scientific or factual errors shall be corrected promptly and transparently with school notice. Fourth — Multiple and open resources may be approved if standards are met; subjects needing additional sources shall not be confined to one book.
Article (26) — Learning time and calendar
First — The Ministry shall set annual actual learning day and hour minimums by stage under educational standards and national conditions. Second — Authorities shall reduce double- or triple-shift impacts, treating substantial hour reductions as transitional, not permanent. Third — Schools shall plan recovery of learning lost through closures, emergencies or prolonged interruption. Fourth — Administrative shortcomings shall not be offset by disproportionate learner hours disregarding health and safety.
Article (27) — Teaching methods and teacher support
Teaching shall use active learning, understanding, application, inquiry and problem-solving rather than exclusive memorisation and rote instruction. The Ministry shall provide professional guides, training materials and continuing development for curricula, assessment, technology, inclusion and child protection, without affecting specialised teaching profession and career legislation.
Article (28) — Digital learning and open resources
First — Digital tools may support in-person education, access and continuity on clear educational grounds. Second — Personal devices or home connectivity shall not be conditions for basic public education rights; mandatory digital content requires suitable alternatives. Third — Disability access, account security, privacy and age suitability shall be ensured. Fourth — The Ministry shall encourage lawfully licensed open resources and quality Iraqi content.
Article (29) — Laboratories, libraries and activities
The Ministry shall set phased library, science and computer laboratory, sports and arts standards by stage and school size, allowing shared nearby facilities where full provision is unavailable. Cultural, scientific, sporting and volunteer activities complement education; essential school activities shall not be restricted to those able to pay.
Article (30) — Assessment for learning
First — Assessment shall use published, varied criteria measuring understanding and competencies alongside knowledge. Second — One test shall not solely determine learning in non-final stages where fairer multiple evidence is possible. Third — Ministry rules shall govern continuous assessment, school examinations, progression and repetition, with support before repeating a grade where educationally feasible. Fourth — Disability and health accommodations shall preserve essential competency requirements.
Article (31) — Public examinations
First — Examinations shall follow integrity, confidentiality, equal opportunity, verifiability and accountability. Second — Question preparation, custody, administration, marking and audit shall be separated where possible, documenting chain of custody. Third — Written cheating, breach and technical or security incident rules shall respect proportionality and defence rights. Fourth — An annual Ministry guide shall publish schedules, rules, objections, rechecking and special accommodations.
Article (32) — Examination result objections
First — Every learner may object to public or school results under reasonable published procedures and periods. Second — Review includes score addition, complete marking and consistency with approved answers or standards within instructions, protecting others' scripts. Third — Reviewers should be uninvolved in the original decision wherever possible. Fourth — Exhausting administrative grievances does not prevent constitutional judicial legality review; courts do not replace purely academic judgment except regarding legality, procedure and abuse.
Article (33) — Academic integrity
The Ministry and educational institutions shall establish clear academic-integrity rules prohibiting cheating, plagiarism, manipulation of records and results, and misuse of digital tools. They shall distinguish educational misconduct addressed pedagogically from incidents requiring disciplinary action or legal referral. Measures shall be proportionate to the learner's age and the seriousness and repetition of the conduct.
Chapter Five — Discipline, grievances and data
Article (34) — School discipline
First — School discipline shall be educational, graduated, proportionate and based on published rules. Second — Corporal punishment, humiliation, public shaming, deprivation of food or water, and using academic marks as behavioural punishment are prohibited. Third — A learner of compulsory-school age may not be permanently expelled without a recognised alternative educational pathway. Fourth — The learner and guardian shall be heard before a serious measure; the decision, reasons and grievance procedure shall be communicated. Fifth — Disability, health and social circumstances shall be considered in assessing behaviour and determining the response.
Article (35) — Grievances and complaints
First — Each general directorate of education shall establish a unified complaints and grievances procedure accessible in person and digitally, with suitable channels for children and persons with disabilities. Second — Complaints shall be registered and assigned a tracking number; determination periods shall reflect their type, and rejection shall be reasoned. Third — Wherever possible, the grievance reviewer shall be separate from the original decision-maker. Fourth — Complainant confidentiality in violence or harassment cases shall be protected as far as investigation permits; retaliation is prohibited. Fifth — No regulation or instructions may shield an administrative decision from review by the competent court.
Article (36) — Educational records and portability
First — Each learner shall have a unified educational record containing information necessary for their school career without excessive collection. Second — The Ministry shall ensure record portability between schools, governorates and recognised systems, and establish procedures for recovering records lost during displacement or emergencies. Third — Learners or their guardians may access information and correct errors under the law. Fourth — Records or educational documents may not be withheld over an unlawful debt or administrative dispute unrelated to their validity.
Article (37) — Educational data protection
First — Educational data shall be collected for specified educational and administrative purposes, only as necessary, and stored securely and confidentially. Second — Individual data identifying a child or revealing their health or social circumstances shall not be published without a legal basis. Third — Inter-agency sharing shall follow necessity, competence and data-minimisation principles; significant access operations shall be logged. Fourth — Instructions shall regulate retention, deletion, archiving and access rights, taking account of any specific legislation on data protection and digital privacy.
Chapter Six — Governance, quality and school infrastructure
Article (38) — Ministry responsibilities
Within its competence, the Ministry shall establish educational policy and national curriculum, assessment, quality and public-examination standards; prepare sector plans; administer the national education information system; develop guidance and regulations; coordinate with governorates and relevant federal and regional bodies; and monitor implementation of national and international general-education commitments.
Article (39) — Directorate and local-authority responsibilities
General directorates of education and legally authorised local bodies shall implement policies and standards; manage schools, resources, maintenance and local needs within transferred or delegated powers; monitor attendance, quality and safety; manage complaints; and prepare data-based local plans. Responsibility between the Ministry, governorate, directorate and school shall be documented and published to prevent competing decisions or gaps in competence.
Article (40) — School management
First — The institution's head shall be responsible for educational leadership, safety, discipline, resources and records, curriculum delivery and child protection under the law. Second — Each school shall prepare a concise annual improvement plan based on learning, attendance, safety and different groups' needs, reviewed at year-end. Third — Schools may not be assigned financial or construction obligations beyond their powers or without funding or legal authority. Fourth — School management shall be professionally and administratively accountable against published indicators extending beyond examination results.
Article (41) — School councils and community participation
First — Every school shall have a council comprising management, teacher and parent representatives, pupil representatives at appropriate stages, and a local-community representative where needed, under Ministry instructions. Second — The council shall provide advice and community oversight of school plans, safety, activities and grants and donations, without intervening in individual marks or confidential employment matters. Third — Non-confidential decision minutes and summaries of school revenues, donations and expenditure legally eligible for disclosure shall be published.
Article (42) — Quality and institutional evaluation
First — The Ministry shall adopt a national general-education quality framework covering learning, leadership, teaching, safety, inclusion, the school environment and resources. Second — Every school shall conduct annual self-evaluation and undergo periodic external evaluation based on risk and need, by qualified teams independent of its management. Third — Findings shall primarily support improvement, with administrative or legal action for serious or persistent violations. Fourth — Aggregate reports shall be published without simplistic rankings detrimental to schools serving more disadvantaged communities.
Article (43) — National safe-school standards
With competent bodies, the Ministry shall establish phased mandatory standards for structural safety, fire prevention, evacuation, electricity, water, sanitation, ventilation, lighting, temperature, accessibility, class sizes, laboratories and playing fields. Standards shall specify risks requiring suspension of use of part or all of a building and arrangements for temporary learner relocation without exclusion from education.
Article (44) — Managing overcrowding and multiple shifts
First — The competent education authority shall annually identify overcrowded schools and those operating double or triple shifts and assess effects on learning time and safety. Second — It shall prioritise corrective plans including catchment-area redistribution, use of available buildings, extra classrooms, maintenance or construction where needed, within budgets and law. Third — Overcrowding may not be addressed by exceeding safe class sizes or permanently and substantially reducing learning time. Fourth — The Ministry shall publish annual governorate-level overcrowding and multiple-shift indicators.
Article (45) — Transport and off-site activity safety
School transport, trips and activities outside institutions shall meet safety, supervision, insurance and liability standards under relevant instructions and legislation. Accessibility for persons with disabilities shall be considered. High-risk activities require prior assessment, an emergency plan and approval from the authorised body.
Article (46) — Private and foreign education
First — Establishment of private and foreign educational institutions is guaranteed under the Constitution, law and applicable instructions, subject to licensing, supervision, safety, child-protection and educational-quality standards. Second — Before enrolment, institutions shall disclose tuition, fees, services, refunds and planned increases; undisclosed charges and unlawful withholding of documents are prohibited. Third — Institutions shall meet minimum national learning outcomes and teach legally required subjects, while licensed supplementary or foreign curricula are permitted. Fourth — Violations shall attract graduated warnings and corrective plans through fines, suspended admissions or licence withdrawal under the governing legislation and proportionality principle.
Article (47) — Learner protection on private-institution closure or suspension
Where a private or foreign institution closes or its licence is suspended, the competent education authority shall take transitional measures to preserve records and learner rights and facilitate transfer and recognition of completed study. Learners shall not bear the consequences of administrative or financial disputes between the institution and licensing body. Instructions shall establish appropriate financial or administrative guarantees for record preservation and transfer obligations.
Article (48) — Donations and partnerships
First — Institutions may accept lawful donations and partnerships under approved financial and transparency rules, provided they are not exchanged for admission, academic advantage or influence over curricula or educational decisions. Second — Donations shall be recorded, audited and their value, purpose and source disclosed unless legally prohibited. Third — Funding or promotional materials are prohibited where the source's activities or conditions conflict with child protection, political neutrality, safety or law.
Article (49) — National education information system
First — The Ministry shall administer a national education information system harmonising definitions and codes for schools, learners, personnel and infrastructure and preventing double-counting. Second — Institutions and directorates shall enter and validate data on schedule, with clear quality responsibilities. Third — An annual statistical report shall cover enrolment, attendance, dropout, completion, learning, density, shifts, infrastructure and inclusion, geographically and socially disaggregated without identifying individuals. Fourth — Aggregate data shall be available for public research in usable formats unless prohibited by law.
Article (50) — Learning measurement and national assessments
First — The Ministry shall periodically assess samples or specified stages nationally to measure outcomes in reading, mathematics, science and other areas, for policy improvement rather than punishment of individuals or schools. Second — Methodology, aggregate results and interpretive limitations shall be published. Third — Participation in comparative international assessments is permitted after examining suitability and cost; findings shall identify system gaps rather than replicate policies unsuited to Iraq.
Article (51) — Educational research and experimentation
The Ministry, directorates and recognised universities may run limited pilots in curricula, teaching, assessment and management, subject to clear objectives and indicators, learner protection, competent approval and no deprivation of fundamental rights. Pilots shall be evaluated before expansion and their findings published, safeguarding data and intellectual-property rights.
Article (52) — Educational continuity in emergencies
First — The Ministry and directorates shall plan educational continuity during conflict, disasters, epidemics, extreme weather, service interruption and displacement. Second — Plans shall provide safe in-person alternatives, distance learning or offline materials as appropriate, protection of records and examinations, and teacher and learner support. Third — Distance learning shall not permanently replace school provision in deprived areas merely because it costs less. Fourth — Learning losses shall be remedied under a published post-emergency plan.
Article (53) — School risk and emergency management
Every institution shall prepare a simple annual emergency, evacuation and communication plan and conduct age-appropriate exercises periodically, coordinating with civil defence and health authorities where necessary. Serious incidents shall be documented, analysed and addressed to prevent recurrence. Buildings shown to have serious structural hazards shall not be used until a competent technical body certifies fitness.
Chapter Seven — Finance, planning and accountability
Article (54) — General-education funding
First — General-education obligations shall be funded from federal general-budget appropriations, local budgets and other lawful resources. Second — With the Ministries of Planning and Finance and local bodies, the Ministry shall prepare a three-year medium-term funding framework linking enrolment, compulsory-schooling expansion, safe-school standards, teacher, transport and inclusion needs to projected allocations. Third — This Law itself creates no fixed budget percentage; any increase or multi-year commitment shall rely on published costing and viable funding sources. Fourth — Spending priorities shall be safety, school places, learning time, essential textbooks, necessary staff and the most deprived areas.
Article (55) — Equitable resource allocation
The Ministry and local bodies shall publish criteria for allocating educational appropriations and projects, considering learner numbers, building shortages, overcrowding, distance, deprivation, disability, population growth and safety risks. Political influence or community donation capacity shall not substitute for objective needs criteria.
Article (56) — School grants and small-expenditure management
Small operating grants may fund minor maintenance, materials and activities within financial limits and controls, linked to school plans and subject to records, invoices, audits and appropriate disclosure. Instructions shall specify prohibited expenditure, purchasing rules and conflicts of interest. Grants shall not fund salaries or allowances lacking statutory authority.
Article (57) — Capital planning for buildings
First — With the Ministry of Planning and local bodies, the Ministry shall maintain an updated register of school-building condition, capacity, land ownership and safety risks. Second — Construction and rehabilitation shall be prioritised by shortages of places, risk, whole-life costs, accessibility and population growth. Third — Adaptable school designs shall reflect climate and location while complying with building and safety codes. Fourth — New projects require verified land ownership, local need and future maintenance provision, except legally regulated emergencies.
Article (58) — Financial transparency and accountability
Within legal disclosure limits, the Ministry shall publish an annual summary of education-budget execution, capital and operating expenditure distribution, basic cost indicators, major school-building projects and completion rates. Funds shall be accounted for and audited under applicable law; suspected waste, corruption or conflicts of interest shall be reported to competent bodies.
Article (59) — National implementation plan
First — Within nine months of commencement, the Ministry shall prepare a five-year national implementation plan specifying baselines, priorities, responsibilities, phased schedules, compliance indicators, estimated costs and funding sources. Second — Following consultation with governorates and relevant federal bodies, the plan shall be adopted, presented to the Council of Ministers and copied to the Council of Representatives. Third — It shall be updated annually without altering rights or obligations amendable only by legislation.
Article (60) — Annual report to the Council of Representatives
Within six months of each academic year's end, the Minister shall submit a public implementation report to the Council of Representatives covering enrolment, retention and completion, learning gaps, expansion of compulsory schooling, overcrowding and multiple shifts, safety and infrastructure, inclusive education, complaints, budget execution and progress in issuing regulations and instructions. Relevant parliamentary committees may request supporting data within the law.
Article (61) — Legislative impact review
With a government evaluation body and independent experts, the Ministry shall comprehensively review the Law's impact five years after commencement, assessing access, learning, equity, costs and administrative responsibilities. The review and any amendment proposals shall be published and submitted to the Council of Representatives, without precluding earlier amendment where necessary.
Chapter Eight — Harmonisation, transitional and final provisions
Article (62) — Relationship with the Ministry of Education Law
First — Ministry of Education Law No. (22) of 2011, as amended by Law No. (9) of 2025, remains effective regarding Ministry organisation, formations and employee rights insofar as consistent with this Law. Second — Article (40) of Ministry of Education Law No. (22) of 2011 is repealed and replaced with: ‘The Ministry shall establish administrative grievances procedures for technical decisions concerning examinations and student discipline. These shall not prevent interested persons from challenging legality before the competent court under the Constitution and law. Courts shall not substitute for the education authority's purely academic judgment except when reviewing competence, procedure, equality, absence of arbitrariness and correct application of rules.’ Third — Conflicting regulatory provisions shall be amended or repealed within this Law's transitional periods.
Article (63) — Repeal of the previous Compulsory Education Law
Compulsory Education Law No. (118) of 1976 and its amendments are repealed when compulsory-education regulations issued under this Law take effect, no later than twelve months after commencement. Measures lawfully taken under the repealed law retain their effects unless continuing in conflict with a right or safeguard established herein.
Article (64) — Temporary continuation of regulations and instructions
Existing school, examination and private-education regulations, instructions and decisions remain temporarily effective insofar as consistent with this Law until replaced or amended, with comprehensive review completed within eighteen months of commencement. Any regulatory rule permitting corporal punishment, shielding administrative decisions from judicial challenge or authorising unconstitutional discrimination is automatically repealed upon commencement.
Article (65) — Required regulations and instructions
First — On the Minister's proposal, the Council of Ministers shall issue a general-education regulation within twelve months of commencement specifying stage structure, enrolment, attendance, transfer, discipline, school management, assessment and quality rules. Second — The Minister shall issue implementing instructions, including for inclusion, child protection, grievances, education information, digital learning, emergencies and school grants. Third — Draft regulations and instructions with widespread effects shall be published for an appropriate public-consultation period, except in reasoned cases of urgency.
Article (66) — Transitional periods
Without prejudice to specific periods herein: First — The Ministry shall complete the building register and national safety and accessibility baseline within twelve months. Second — National quality, grievances and child-protection frameworks shall be adopted within twelve months. Third — Old school and examination regulations shall be reviewed and replaced within eighteen months. Fourth — Educational-record portability and unified information-system definitions shall be completed within twenty-four months. Fifth — Compulsory intermediate education shall expand within five academic years under Article (10). Sixth — Regulatory delay shall not justify continuation of any practice expressly prohibited herein.
Article (67) — Acquired rights and continuity of study
The transition under this Law shall not invalidate lawful enrolment, certificates, results or completed school years. The Ministry shall adopt transitional provisions protecting learners when curricula, assessment systems or stages change. Where multiple transitional rules apply, the provision best supporting continuity shall govern, without compromising qualification integrity or others' rights.
Article (68) — Commencement
This Law shall take effect ninety days after publication in the Official Gazette, except provisions assigned specific transitional periods herein.
Explanatory reasons
This Law is proposed to guarantee the constitutional right to education; modernise general-education legislation; unify basic safeguards for admission, free and compulsory schooling, learner protection, quality, curricula and assessment; address outdated compulsory-education legislation and school regulations; improve inclusion, continuity, governance and data; and organise a feasible transition to compulsory basic education while respecting constitutional competences and state financial capacity.
General explanatory memorandum
1. Why does Iraq need a new substantive general-education law?
Ministry of Education Law No. (22) of 2011, even after its 2025 amendment, essentially organises the Ministry, its formations and responsibilities. Citizens' education rights and rules on compulsory schooling, admission, discipline, curricula, quality, objections and the school environment are scattered across laws, regulations and instructions. The proposal clearly separates ‘who administers the Ministry’ from ‘the rights and standards governing educational services’.
2. Compulsory schooling through intermediate education
An immediate expansion of compulsory-school age without sufficient capacity could turn a right into a punitive family obligation. The proposal therefore takes a phased approach: primary education remains compulsory, and basic education through intermediate level becomes compulsory within five years, governorate by governorate or stage by stage, without holding families accountable before accessible places exist. This drives system expansion without criminalising poverty or school shortages.
3. Genuine free education
Free education is translated into prohibitions on tuition and hidden compulsory charges in public institutions, and on conditioning enrolment, results or documents on donations. Lawful optional services remain possible but separate from the fundamental education right.
4. Children as rights-holders rather than mere service recipients
The proposal brings safety, dignity, non-discrimination, privacy, grievances, reasonable accommodation and access to rules and results together in one legislative text. It prohibits corporal punishment, humiliation and collective punishment, and requires clear child-protection and violence-reporting policies.
5. Reforming Article (40) of the Ministry of Education Law
A Supreme Judicial Council study documents how current Article (40) bars claims involving technical examination matters and disciplinary penalties, while criminal offences remain outside that restriction. The proposal replaces this immunity with an approach more consistent with constitutional Article (100): administrative grievances remain, and courts review legality, procedure and arbitrariness without becoming marking committees or examination setters.
6. Curricula: disciplined periodic updating
The Law does not prescribe a particular textbook; it establishes curriculum-making processes: a national learning-outcomes framework, review at least every five years, scientific, linguistic and educational review, and consultation before extensive changes. It directs content towards reading, mathematics, science, languages, critical thinking, digital skills, citizenship, arts, sport and the environment while avoiding curriculum overload.
7. Quality extends beyond final examinations
Examination results matter but cannot alone assess schools. The proposal adds school self-evaluation and external evaluation, national learning assessments, and attendance, safety, inclusion and learning-time indicators. Comparative data must not oversimplify realities or punish schools in more deprived settings.
8. Overcrowding and multiple shifts
The proposal sets no unrealistic political deadline for ending double or triple shifts. Instead, it creates legal duties to measure, plan and publish, and prohibits permanent reduction of learning time as a solution. Investment can thus follow shortages of places, risk and population growth rather than allocation unrelated to need.
9. Private and foreign education
The proposal neither replaces the licensing instructions issued in 2026 nor creates a parallel licensing system. It establishes minimum institutional rights: safety and child protection, fee transparency, record preservation and continuity of pupils' rights during closure or licence suspension.
10. Data and privacy
Modern administration needs educational records and a unified information system, but this does not justify purposeless collection. Data are therefore linked to educational need, with confidentiality, minimisation and correction rights; wider details are referred to data-protection legislation when enacted.
11. Funding and feasibility
Major costs arise from expanding compulsory schooling, closing building gaps, improving water, sanitation, safety and accessibility, providing staff and inclusion support, and updating information systems and learning resources. Costs differ greatly among governorates and cannot be reduced to one reliable figure without surveying assets and capacity against student numbers. The proposal therefore requires a medium-term funding framework, baseline and published costing before major capital commitments.
Harmonisation with existing legislation
| Existing text | Treatment in the proposal | Intended effect |
|---|---|---|
| Ministry of Education Law No. (22) of 2011, amended by Law No. (9) of 2025 | Remains effective as institutional legislation, replacing Article (40) regarding challenges to educational decisions. | Avoid legislative duplication while removing constitutionally inappropriate administrative immunity. |
| Compulsory Education Law No. (118) of 1976 and amendments | Repeal and replacement after a transition of no more than 12 months. | Modernise compulsory schooling by linking it to access rights, then gradually extending it through intermediate education. |
| Primary Schools Regulation No. (30) of 1978 and amendments | Temporary continuation insofar as consistent, followed by replacement within a comprehensive review in 18 months. | Unify enrolment, discipline, assessment and management rules under the current Constitution. |
| Secondary Schools Regulation No. (2) of 1977 and amendments | Temporary continuation insofar as consistent, then replacement within 18 months. | Remove obsolete provisions and modernise educational, disciplinary and transition principles. |
| Public Examinations Regulation and examination instructions | Review and harmonise with objection rights, integrity, chain of custody and reasonable accommodation. | Strengthen examination confidence while retaining educational authorities' academic judgment. |
| Private Educational Institutions Instructions of 2026 | Remain effective alongside this Law's minimum rights, safety and transparency requirements. | Avoid parallel licensing and protect students in non-government education. |
| Child, disability, health, social-protection and data laws upon commencement | Apply complementarily, using broader protection within legal-hierarchy and conflict rules. | Prevent fragmentation of child and learner protection across sectors. |
Transitional provisions and implementation requirements
| Milestone | Maximum period | Lead body | Legal/administrative output |
|---|---|---|---|
| General provisions and prohibitions on violence, discrimination and immunity take effect | 90 days after publication | Ministry, directorates and schools | Direct application |
| New general-education regulation | 12 months | Council of Ministers on the Minister's proposal | Regulation covering enrolment, attendance, transfers, discipline and quality |
| Repeal of the 1976 Compulsory Education Law after replacement regulation takes effect | 12 months maximum | Ministry and competent bodies | Transition without a legal vacuum |
| Building register and safety/accessibility baseline | 12 months | Ministry/Planning/governorates | Asset and risk database |
| Replacement of old school regulations | 18 months | Council of Ministers/Ministry | Modern regulations and instructions |
| Educational-record portability and harmonised data definitions | 24 months | Ministry and directorates | Unified information system |
| Compulsory schooling extended through intermediate education | 5 academic years | Council of Ministers/Ministry/governorates | Capacity-based expansion schedule |
| Comprehensive legislative impact review | After 5 years | Ministry and independent experts | Public report to the Council of Representatives |
Transition principle: Old provisions continue only as necessary for school continuity and insofar as consistent with the Constitution and this Law. Rights and express prohibitions on violence, discrimination and immunity from judicial review do not await implementing instructions.
Financial and implementation impact
Current public sources offer no unified detailed basis for one reliable national cost of implementing all provisions. Costs vary with building conditions, multiple shifts, population growth, transport distances, staff availability, inclusion and services. The proposal rejects false precision and makes advance costing part of the implementation duty itself.
| Area | Cost type | Proposed calculation method |
|---|---|---|
| Compulsory intermediate education expansion | Operating and capital | Children outside the stage × shortage of places + teacher requirements + transport + textbooks and services. |
| Buildings and overcrowding | Capital and maintenance | Survey every school; classify risk, classroom gaps and lifecycle costs; prioritise triple shifts and fastest-growing areas. |
| Water, sanitation, safety and accessibility | Small and medium capital works + maintenance | Gap against each standard × local unit cost following market and code review. |
| Inclusive education | Operating and equipment | Beneficiary numbers and accommodation, specialist support, transport and accessible-material needs. |
| Curricula, assessment and training | Periodic and operating | Review cycles, professional development, printing/content, national assessments and measurement samples. |
| Information system and educational records | Establishment + operation and maintenance | Integrate existing systems first, then cost software, hardware, connectivity, support and security gaps. |
Article (54) prioritises safety, places, learning time, books and staff, requiring a three-year funding framework. Major commitments, such as nationwide building or school-transport expansion, therefore require published costing linked to the budget rather than an unsupported political figure written into legislation.
World Bank data illustrate measurable effects of targeted interventions: past projects rebuilt schools, served thousands of students and trained teachers. They cannot alone underpin national cost extrapolation because land and construction prices, capacity, location and time differ.[8]
Safeguards and oversight
- Judicial review: No administrative-decision immunity, while respecting judicial limits on purely academic matters.
- Functionally independent administrative grievances: A person or committee other than the original decision-maker shall review wherever possible.
- Child protection: Absolute prohibition of corporal punishment and humiliation, safe reporting channels and referral of suspected crimes to competent authorities.
- Transparency: Annual reports on data, budgets, quality, overcrowding and multiple shifts.
- Privacy: Minimise collection and prohibit publication of sensitive individual data.
- Resource equity: Published criteria reduce influence and donation capacity as factors in public-investment allocation.
- Parliamentary oversight: Annual reports and an impact review after five years.
- No punishment for service failure: Families are not accountable for non-attendance where accessible services or remedies for substantial barriers are unavailable.
International framework and comparative learning
The proposal considers Iraq's international obligations without copying a foreign model. Iraq ratified UNESCO's Convention against Discrimination in Education, acceded to the Convention on the Rights of the Child and Convention on the Rights of Persons with Disabilities, and is party to the International Covenant on Economic, Social and Cultural Rights, which enshrines education rights, compulsory free primary education and expanded secondary access.[15][16][17][19]
These obligations inform non-discrimination, inclusion, free schooling, progressive expansion and dignity provisions. Administrative tools such as national assessments, institutional evaluation and education information can be adapted to Iraqi institutions; they do not commit Iraq to a particular international ranking or management model.
The proposal aligns with the National Education Strategy 2022–2031 and programmes improving teaching, learning and management, such as ITALEEM, translating legislatively suitable principles into rights, powers and procedures enduring beyond funded projects or time-limited programmes.[9][12][13]
Sources and references
References prioritise official Iraqi texts and original institutional sources, followed by international and statistical references. The links below were available when the document was prepared on 5 October 2026.
- Constitution of the Republic of Iraq, 2005 — Iraqi Council of Representatives
Constitutional basis for education, languages, equality, child protection, allocation of competences and judicial challenge.
Iraqi Constitution — official parliamentary link - Law No. (9) of 2025 — First Amendment to Ministry of Education Law No. (22) of 2011, Iraqi Official Gazette issue 4841
Latest verified official legislative amendment to the Ministry of Education Law as of preparation.
https://www.moj.gov.iq/view.9724/ - Official text of Iraqi Official Gazette issue 4841 — Ministry of Justice
Published First Amendment to the Ministry of Education Law.
https://moj.gov.iq/upload/pdf/13187abe0a88ba2e_4841_compressed.pdf - Supreme Judicial Council — Study on Article (40) of the Ministry of Education Law and examination scripts
Judicial reference clarifying Article (40), technical disputes and examination-related crimes.
https://www.sjc.iq/view.69406/ - Ministry of Justice — Iraqi Official Gazette issue 4867 of 2026
Includes Instructions No. (6) of 2026 on licensing establishment of private educational institutions.
https://www.moj.gov.iq/view.10273/ - Ministry of Justice — Iraqi Official Gazette issue 4871 of 2026
Includes Instructions No. (5) of 2026 on non-official curricula in private educational institutions and licensing conditions.
https://www.moj.gov.iq/view.10377/ - Iraqi Council of Representatives — Legislation database
Legislative record of the First Amendment to Ministry of Education Law No. (22) of 2011.
Parliamentary legislation-search link - World Bank — Iraq: Improving Quality of Education and Access to Enable All Students to Learn (2024)
Discusses school-building shortages, multiple-shift effects and outcomes of education quality and access interventions.
https://www.worldbank.org/en/results/2024/10/29/iraq-improving-quality-of-education-and-access-to-enable-all-students-to-learn - World Bank — National Education Strategy 2022–2031 / Iraq education project documents
Reference for the national strategy, system indicators and reform areas.
https://documents1.worldbank.org/curated/en/099091824091030738/pdf/P171165-cfac2b5e-6448-4093-a5a5-2591a8024209.pdf - UNESCO — Iraq 2026 GEM Report Country Case Study
Recent analysis of administration, capacity and multiple-shift challenges in Iraqi education.
https://www.unesco.org/gem-report/en/2026-gem-report-country-case-studies/iraq - UNICEF — Education in Iraq
Contextual reference on access and infrastructure gaps and protection of children's education rights.
https://www.unicef.org/iraq/what-we-do/education - UNICEF — ITALEEM launch with the Ministry of Education, European Union and UNESCO (2024)
National programme improving teaching, learning and educational management.
https://www.unicef.org/iraq/press-releases/ministry-education-european-union-unesco-and-unicef-launch-italeem - UNESCO — ITALEEM / Equitable Quality Education in Iraq
2025 update on support for educational quality and management in federal Iraq and the Kurdistan Region.
https://www.unesco.org/en/articles/equitable-quality-education-iraq-improved-teaching-and-learning-and-enhanced-educational-management-0 - Statistics and Geographic Information Systems Authority — Sustainable Development Goal and education indicators
Official Iraqi statistical source for available completion and learning indicators.
https://www.cosit.gov.iq/ar/?id=374&jsn_setmobile=no&option=com_content&view=article - UNESCO — Convention against Discrimination in Education / Iraq
Iraq ratified the Convention against Discrimination in Education in 1977.
https://www.unesco.org/en/legal-affairs/convention-against-discrimination-education?hub=70211 - United Nations Treaty Collection — Convention on the Rights of the Child / Iraq
Iraq acceded to the Convention on the Rights of the Child in 1994.
https://treaties.un.org/Pages/showActionDetails.aspx?clang=_en&objid=080000028000292a - OHCHR — International Covenant on Economic, Social and Cultural Rights, Article 13
Education rights, compulsory free primary education and expanded secondary education.
https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights - United Nations — CRPD Article 24: Education
Inclusive education and non-exclusion of persons with disabilities from general education.
https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-%20%20disabilities/article-24-education.html - United Nations Treaty Collection — CRPD / Iraq
Iraq acceded to the Convention on the Rights of Persons with Disabilities in 2013.
https://treaties.un.org/Pages/showActionDetails.aspx?clang=_en&objid=080000028035ef8c - Iraqi National Library and Archives — Catalogue of Compulsory Education Law No. (118) of 1976
Official Iraqi catalogue reference confirming the previous law's existence.
https://www.iraqnla.gov.iq/opac/fullrecr.php?hl=ara&nid=124820