Private schools go to CHRAJ over 30% SHS placement policy for public schools

Private schools in Ghana have lodged a formal complaint with the Commission on Human Rights and Administrative Justice (CHRAJ), challenging the government's policy that reserves 30% of admissions in Category A Senior High Schools (SHS) for students from basic public schools.

The policy, designed to prioritize public school students, has been labeled discriminatory and unconstitutional by private education stakeholders.

The Ghana National Council of Private Schools (GNACOPS), Ghana National Association of Private Schools (GNAPS), Private Education Coalition (PEC), and the National Council of Parent-Teachers Association (NCPTA) collectively argue that the policy violates the rights of students and contradicts several articles in Ghana’s 1992 Constitution.

They assert that the policy unfairly disadvantages private school students who excel academically but face limited opportunities solely because of their school background.

The petition identifies key breaches of constitutional rights:

Equality and Freedom from Discrimination (Article 17)
The Constitution ensures that all persons are equal before the law and should not face discrimination. The policy, according to the groups, unfairly penalizes private school students based on their educational background rather than their academic achievements.

“This policy imposes an arbitrary barrier that undermines the principle of equality before the law,” the petition states.

Equal Educational Opportunities (Article 25)
The Constitution guarantees all students access to secondary education. The groups argue that the policy restricts private school student's chances of admission, compromising their right to fair educational opportunities.

Protection of Children (Article 28(4))
No child should be deprived of education due to their background. The complainants contend that the policy effectively marginalizes private school students, denying them the same opportunities available to their public school counterparts.

Meritocracy in Education (Article 38(3)(b))
The Constitution emphasizes access to educational institutions based on merit. By prioritizing public school students without regard to academic performance, the policy undermines the merit-based system.

Demands for Redress

The complainants have called on CHRAJ to take the following actions:

• Investigate whether the policy violates constitutional provisions.
• Abolish the 30% priority placement policy in favor of a merit-based admission system.
• Direct the Ministry of Education and the Ghana Education Service to develop equitable admission policies for all students.

The advocacy groups argue that the policy unfairly treats private school students as "second-class citizens," despite their academic excellence. They maintain that many parents choose private education with the expectation that their children’s hard work will be rewarded through merit-based systems.

The complaint highlights the broader issue of ensuring fairness and equal opportunity in Ghana’s education system, calling for policies that align with constitutional principles and meritocracy.