A/HRC/29/30 94. A regulatory framework for private providers is thus of critical importance in setting out responsibilities and accountability requirements.72 The corporate sector has a long track record of attempting to prevent government regulation and numerous corporations have sued Governments for trying to implement regulations that could harm their profits. Governments must be bold in regulating private operators, focusing on education as a public good. Regulations must ensure that education is accessible to all, works towards the broader public interest and reflects a broad humanistic notion of education. 95. It should be mandatory for private providers to be transparent 73 and to share with parents, teachers and community associations information regarding school functioning, performance and management. A regulatory framework should clearly spell out the duties and responsibilities of private providers vis-à-vis the community, students, teachers and society at large. 96. The importance of a regulatory framework has been recognized by the United States Supreme Court: even in the case of traditional private education, individual States have the power to reasonably regulate all schools, to inspect, supervise and examine them, their teachers and pupils and to ensure that teachers are of good moral character and patriotic disposition, that certain studies plainly essential to good citizenship are taught and that nothing is taught that is manifestly inimical to the public welfare.74 97. The Special Rapporteur would like to emphasize the need for States to create a comprehensive regulatory framework to control private providers in education and uproot commercialization in education. He considers that such a framework can be developed by developing regulations that prescriptive, prohibitory and punitive. A. Prescriptive regulations 98. Prescriptive regulations relate to the establishment and operation of private schools, setting minimum standards, including conditions for their recognition and operations, curriculum requirements, minimum qualifications for teachers, infrastructure standards and quality measures, and recognition of degrees or diplomas issued. 75 These are basic requirements for any institution. Such regulations describe reporting obligations, including performance measures and financial reporting, and require compliance with monitoring and oversight agencies. 72 73 74 75 18 See Global Campaign for Education, intervention at the World Assembly, February 2015. See http://campaignforeducation.org/en/news/global/view/623-representatives-from-91-countries-cometogether-for-the-fifth-gce-world-assembly. See Committee on the Rights of the Child, general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights and the Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework. See Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary, 268 US 510 (1925). See also Kemerer and Maloney, “The Legal Framework for Educational Privatization and Accountability” 150 West’s Education Law Reporter (2001) No. 598, pp. 589-590. See “Plaidoyer sur l’importance du rôle sur l’Etat dans la régulation de la qualité et de l’équité de l’éducation” in “Régulation par l’Etat de la qualité et de l’équité de l’éducation”, paper prepared by the International Organization of la Francophonie, annex XII.