Akta Pendidikan 1996 Education Act 1996

Keynote Address by Former Minister of Education 1998 Keynote address entitled Reforms in Education: The Next Stage The passing of the six legislation namely … were intended to bring about a quantum leap to the education system which will bring about sweeping changes to the country’s leading institutions. The legislations, among others, are intended to produce a new generation of Malaysians who are able to: Acquire knowledge and skills, Intellectually competent, Scientifically minded, Emotionally stable, Morally upright and socially apt.

Background It is a /refinement/continuation of Education Act 1961 Reports related to national education policy: Razak Report Rahman Talib Report (1961) Hussein Onn Report (1971) Mahathir Report (1985) Akta Pendidikan 1996

Acts in Education Act 546 National Council on Higher Education Act 1996 Akta Majlis Pendidikan Tinggi Negara 1996 An Act to establish the National Council on Higher Education and to provide for its functions relating to higher education and for matters connected therewith. Act 550 Education Act 1996 Akta Pendidikan 1996 An Act to provide for education and for matters connected therewith

Act 555 Private Higher Educational Institutions Act 1996 Akta Pendidkan Tinggi Swasta 1996 An Act to provide for the establishment, registration, management and supervision of, and the control of the quality of education provided by, private higher educational institutions and for matters connected therewith. Act 556 Lembaga Akreditasi Negara Act 1996 Akta Lembaga Akreditasi Negara 1996 An Act to establish the Lembaga Akreditasi Negara and to provide for its functions and power and for matters connected therewith.

Act 566 Perbadanan Tabung Pendidikan Tinggi Nasional Act 1997 Akta Perbadanan Tabung Pendidikan Tinggi Nasional 1997 An Act to establish the Tabung Pendidikan Tinggi Nasional, to incorporate the Perbadanan Tabung Pendidikan Tinggi Nasional, and to provide for related matters. Act 580 Akta Kaunselor 1998 Counsellors Act 1998

Act 30 Universities and University Colleges Act 1971 Akta Universiti dan Kolej 1971 An Act to provide for the establishment, maintenance and administration of Universities and University Colleges and for other matters connected therewith.

Education Act 1996 (Act 550) & Selected Regulations as at 25 th April 2008 Compiled by Legal Research Board. International Law Book Services: Selangor, Petaling Jaya

Act 550 Subsidiary Legislation PU(A) 109/98Education (Assessment and Examination) (Amendment) Regulations 1998 PU(A) 118/98Education (Parent-Teacher Association) Regulations 1998 PU(A) 167/98Education (Private Educational Institutions) (Discipline of Pupils) Regulations 1998 PU(A) 196/98Education (School Associations) Regulations 1998 PU(A) 197/98Education (School Terms, Days and Holidays) Regulations 1998 PU(A) 219/98Education (Private Educational Institutions) (Standards) Regulations 1998

Cont… PU(A) 229/98Education (Private Educational Institutions) (Advertisement) Regulations 1998 PU(A) 232/2002Education (Account and Audit) Regulations 2002 PU(A) 275/98Education (Admission Of Pupils To Schools, Keeping Of Registers And Conditions Under Which Pupils May Be Retained In Schools) Regulations 1998 PU(A) 279/98Corrigendum PU(A) 95/98Education (School Magazines and Multi Media Materials) Regulations 1998

Act 550 Arrangement of Sections Part I Preliminary Section 1 & 2 Part II Administration Section Part III National Educational Advisory Council Section Chapter 1 National Educational System Section Chapter 2 Pre-School education Section Chapter 3 Primary education Section 27 – 29A Chapter 4 Secondary education Section Chapter 5 Post-secondary education Section 33 Chapter 6 Other educational systems Section 34

Chapter 7 Technical education and polytechnics Section Chapter 8 Special education Section Chapter 9 Teacher education Section Chapter 10 Religious teaching in educational institutions Section Chapter 11 Management of educational institutions Section Chapter 12 Provisions of facilities and services Section

Part V Assessment and examination Section Part VI Higher education Section Part VII Private educational institutions Section Part VIII Registration of educational institutions Chapter 1 Registration of Educational Institutions Section 79 – 86 Chapter 2 Cancellation of registration Section 87 Chapter 3 Registration of Governors and Employees Section 88 – 97 Chapter 4 Registration of Pupils Section 98 Chapter 5 Inspection of Educational Institutions by the Registrar General Section Part IX Registration of teachers Chapter 1 Registration of Teachers Section 103 – 113 Chapter 2 Permits to teach Section Part X The Inspectorate of Schools Chapter 1 The Inspectorate Section 117 – 120 Chapter 2 General Section Part XI Finance Section Part XII Appeals Section Part XIII Regulations Section

Part XIV Offences and penalties Section Part XV Miscellaneous Section Part XVI Transitional and appeal Section

Focus of Education Act 1996 National Education System Reference is given to National Philosophy of Education Section 15 National Education System National Education System shall comprise: Pre-school education Primary education Secondary education Post-secondary education Higher education

Section 16 Categories of educational institutions Three categories of educational institutions: Government educational institutions Government-aided educational institutions Private educational institutions

National Education System Section 17 National language as the main medium of instruction (1)The national language should be the main medium of instruction in all educational institutions in National Educational System except a national-type school established under Section 28 or any other educational institution exempted by the Minister from this subsection (2)When the main medium of instruction in an educational institution is other than the national language, the national language shall be taught as a compulsory subject in the educational institution.

Section 19 Schools to prepare pupils for prescribed examination Every school shall prepare pupils for examinations prescribed by or under this act or any regulations made under this act unless otherwise exempted by or under this act

Pre-school Education Section 20 Prohibition against the establishment, operation or management of kindergartens (1)No kindergarten shall be established, operated or managed unless it is registered under this Act. (2)A person who contravenes subsection (1) shall be guilty of an offence

22 (1) The Minister shall prescribe a curriculum, to be known as the National Pre-school Curriculum, that shall be used by all kindergartens in the National Educational System (2) The National Pre-school Curriculum prescribed under subsection (1) shall specify the knowledge, skills and values that are expected to be acquired by pupils at the end of their respective period of pre-school education (3) Any Kindergarten intending to implement any curriculum in addition to the National Pre-school Curriculum shall, before implementing such additional curriculum, inform the Registrar General of such intention in such manner as may be prescribed (4) A person who contravenes subsection (1) or (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or both

23 Notwithstanding subsection 17(1), languages other than the national language may be used as a medium of instruction in kindergartens, but where a kindergarten uses a language other than the national language, the national language shall be taught as a compulsory subject. 26 Sections 18 and 19 shall not apply to kindergartens

Primary Education 27 It shall be the duty of the Minister to provide primary education in government and government-aided primary schools 28 Subject to the provisions of this Act, the Minister may establish national schools and national-type schools and shall maintain (menyenggarakan) such schools

29 A(2) Every parent who is a Malaysian citizen residing in Malaysia shall ensure that if his child has attained the age of six years on the first day of January of the current school year that child is enrolled as a pupil in a primary school in that year and remains a pupil in a primary school for the duration of the compulsory education (4) A parent who contravenes subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or both

Minister to Provide Secondary School 30 (1) It shall be the duty of the Minister to provide secondary education in the following national secondary schools: (a) academic secondary schools; (b) technical secondary schools, and © secondary schools of such other descriptions as the Minister may from time to time determine 32 The Minister may provide for a transition class in any academic national secondary school

Post-secondary School 33 The Minister may provide post-secondary education in: (a) the national secondary schools described in paragraphs (30)(1)(a) and (1)(b); (b) colleges; and © any other national secondary school or educational institution established and maintained by the Minister under this Act

Technical Education in National Schools and other Educational Institutions Collaboration with other institutions and industrial organizations in technical and vocational education Section 37 (1)Subject to approval of the Minister, a polytechnic established under the Act may, in collaboration with any other institution, corporation or industrial organization, conduct technical or vocational courses or or training programmes (including exchange programmes) which the Minister deems expedient for the purposes of: (a)giving effect to the transfer of technology; (b)upgrading technical and vocational skills of teachers, employees and pupils of the polytechnic; and ©carrying out such training programmes as the Minister considers desirable and beneficial to the polytechnic or its pupils or teachers.

Special Education 40 The Minister shall provide special education in special schools established under paragraph 34(1)(b) or in such primary or secondary schools as the Minister deems expedient 41 (1) Subject to subsections (2) and (3), the Minister may by regulations prescribe: (a) the duration of primary and secondary education suitable to the needs of a pupil in receipt of special education (b) the curriculum to be used in respect of special education © and (d) (2) The duration prescribed by the Minister under paragraph (1)(a) shall not be less than the minimum duration for primary or secondary education, as the case may be, provided for under this Act (3)

Teacher Education 42 No person shall establish or maintain a teacher education college except with the approval of the Minister 44 A teacher education college established under this Act may award a certificate or such other qualifications as may be prescribed

Provision to courses of study in respect of degrees, etc. conferred by universities etc Section 47 (1)A teacher education college established under this Chapter may, with the approval of the Minister, conduct courses of study or training programmes for degrees, diplomas, certificates or other forms of recognition of a qualification conferred by any university of other institution of higher learning within Malaysia or outside Malaysia. (2) The approval given under subsection (1) may be made subject to such terms and conditions as the Minister may deem fit to impose (3) and (4) A person who contravenes subsection (1) or fails to comply with any term or condition imposed by the Minister under subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding two years or both

Religious Teaching in Educational Institutions Section 50 Teaching of the Islamic Religion (1)Where in an educational institution there are five or more pupils professing the Islamic religion, such pupils shall be given religious teaching in Islamic by teachers approved by the State Authority (2)The teaching required in an educational institution under subsection (1) shall be for a period of at least two hours a week within the period of general teaching of the educational institution, or within such other period as the Minister may, in the case of any particular educational institution appoint (3) – (4)

51 Teaching of religious knowledge of a religion other than Islam The governors of government-aided educational institution may provide for the religious teaching in a religion other than Islam to the pupils of the educational institution or to any of them but – (a) no such provision shall be defrayed from the monies provided by Parliament; and (b) no pupil shall attend teaching in a religion under than that which he professes, except with the written consent of his parent.

Assessment and Examination 67 (1) The Minister may prescribe the manner in which pupils in primary and secondary schools shall be assessed and the standards to be achieved by the pupils (2) The assessment prescribed under subsection (1) shall be in addition to any prescribed examination

Registration of Teachers 103 (1) Subject to subsection (2), no person shall teach in an educational institution unless he is registered as a teacher under this Act (2) Subsection (1) shall not apply: (a) to a person who is a member of the Education Service teaching in a government or government-aided educational institution (b) to a person to whom a permit to teach has been issued under 114; and © to a pupil in an educational institution for the training of teachers established by and under the direct control of the Minister

106 The Registrar General may refuse to register a person as a teacher under this Act if he is satisfied that the person: (a) is under the age of eighteen years (b) has no qualification to teach or has qualifications which in the opinion of the Registrar General are inadequate for the purpose © has made a statement which is false or misleading or which he know is false or misleading in, or in connection with his application for registration or has intentionally suppressed any fact which is material to the application (d) suffers from some physical or mental defect or disease rendering him, in the opinion of the Registrar General, unsuitable to be a teacher (e) has been convicted of an offence by a court of law and sentenced to imprisonment for a term not less than one year or to a fine of not less than two thousand ringgit (f) is not a fit and proper person to be registered as a teacher

Section 71Private education institutions to comply with the requirement of National Curriculum and to prepare pupils for prescribed examinations Section 121 General powers of Inspectors of Schools For the purpose of making any inspection of an educational institution under section 117, the Chief Inspector or an Inspector of Schools may – (a) at any time enter an educational institution (b)

Major Differences Between Education Act 1961 and Education Act 1996 National Education Philosophy is specifically spelled out under Act 1996 Pendidikan di Malaysia ialah suatu usaha berterusan ke arah lebih mmeperkembangkan potensi individu secara menyeluruh dan bersepadu untuk melahirkan insan yang seimbang dan harmonis dari segi intelek, rohani, emosi dan jasmani berdasarkan kepercayaan kepada Tuhan. Usaha ini adalah untuk menzahirkan warnegara Malaysia yang berilmu pengetahuan, berketerampilan, berakhlak mulia, bertanggungjawab dan berkeupayaan mencapai kesejahteraan diri serta memberikan sumbangan terhadap keharmonian dan kemakmuran negara, masyarakat dan negara.

Penyata Razak: Tujuan Dasar Pelajaran di dalam negeri ini adalah bermaksud hendak menyatukan budak-budak daripada semua bangsa di dalam negeri ini dengan menggunakan bahasa kebangsaan sebagai bahasa pengatar yang besar, walaupun perkara ini tiada dapat dilaksanakan dengan serta- merta melainkan hendaklah diperbuat dengan beransur- ansur. (Penyata Razak, perenggan 12)

National Education System and Categories of educational institutions are well defined under Section 15 and Section 16 respectively under Act 1996 Under Education Act 1961, the National Education System is only defined as: For the purpose of this act, the stages of statutory education system shall be as follows: Primary education Lower secondary education Upper secondary education

Status of the National Language (Bahasa Melayu) The provision of Section 17 of Act 1996 is comprehensive to include all schools except the national-type: Section 17 (1) The National language shall be the main medium of instruction in all educational institutions in the National Education System except an national-type school established under Section 28 or any other education institution exempted by Minister from this section. Bahasa kebangsaan adalah bahasa pengantar sekolah kebangsaan dan sekolah menengah kebangsaan sahaja Akta Pendidikan 1961

National curriculum Section 18 (1) The Minister shall prescribe a curriculum to be known as the National Curriculum which, subject to subsection (3), shall be used by all schools in the National Educational System. In the Education Act 1961, there is no mention about this matter

Section 19 Schools to prepare pupils for prescribed examination Every school shall prepare pupils for examinations prescribed by or under this act or any regulations made under this act unless otherwise exempted by or under this act There is no mention of this matter in Act 1961 Section 17 National language as the main medium of instruction (2)When the main medium of instruction in an educational institution is other than the national language, the national language shall be taught as a compulsory subject in the educational institution In Act 1961, the use of the National Language is only confined to government and government-aided schools only.

Section 16 Categories of educational institutions Three categories of educational institutions: Government educational institutions Government-aided educational institutions Private educational institutions Education Act 1996 Under Act 1961, educational institutions are divided into two categories namely, fully aided (bantuan penuh: kerajaan dan bukan milik kerajaan) dan private (swasta)

Section 22 Pre-school curriculum The programmes and activities of every kindergarten shall be based on the curriculum guidelines for kindergartens approved by the Minister Act 1996 Under the Act 1961, such guideline is not compulsory for kindergartens.

Section Duration of Primary Education A national or national-type school established under this act shall provide a course of primary education designed for a duration of six years but which may be completed within five to seven years. Act 1996 (Sec. 2) Under Act 1961, National primary school, or sekolah kebangsaan, means a fully assisted primary school providing a six-year course of primary education appropriate for children between the ages of six and eleven years.

Section 33 Post-secondary education Such term is more accommodative to include form six, matriculation, and etc. Under Act 1961, the definition for secondary education is not that clear Section 37 Collaboration with other institutions and industrial organizations in technical and vocational education Section 47 Provision to courses of study in respect of degrees, etc. conferred by universities etc. Under Act 1961, there is no mention of such provision

Section 40 Minister to provide special education Act 1996 Under Act 1961, such provision is not clear. Section 50 Teaching of the Islamic Religion (1)Where in an educational institution there are five or more pupils professing the Islamic religion, such pupils shall be given religious teaching in Islamic by teachers approved by the State Authority Under Act 1961, Islamic education is only compulsory when there are 15 students in fully-aided and government-aided schools