educational act 1996

8/10/2019 Educational Act 1996

1/37

Educational

Act 1996


2/37

Educational Act 1996

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


3/37

Educational Act 1996 Aims to strengthen the national education

system in line with the will and ambition to be

a centre of excellence in education that arehigh quality and world class.

This Act is based on the majorrecommendations Penyata Razak 1956 whichform the basis of the national education

policy. The new Act also maintain provisions that are

still relevant from the Education Act 1961.


4/37

The purpose of the drafting

the Education Act 1996 Expand the scope and introduce legislation in

education Strengthen the national education system for the

younger generation in line with the aspirations ofMalaysia as a center of excellent education forhigh quality education

States the legislation related to the education Cover the legislation at the level of preschool to

the extent of higher education including

Government and private Strengthen the position of the national language

(Malay ) as the main medium of communication


5/37

Coordination of all types of curriculum

Use the same assessment and examination systems. Islamic education is extended to students of Islam

Expanding the jurisdiction of the Minister ofeducation

Enhancing technical education Strengthening teachers' training

More systematic systems for the private education


6/37

Focus of Education Act 1996National Education System

Reference is given to

National Philosophy ofEducation

Section 15: National

Education System

National Education Systemshall comprise:

Pre-school education


7/37

Section 16: Categories ofeducational institutions

Three categories of educational

institutions: Government educational

institutions

Government-aidededucational institutions

Private educational institutions


8/37

National Education System

Section 17: National language as themain medium of instruction

(1) The national language should be themain medium of instruction in alleducational institutions in NationalEducational System except a national-

type school established under Section 28or any other educational institutionexempted by the Minister from thissubsection

(2) When the main medium of instructionin an educational institution is other than


9/37

Section 19: Schools to prepare pupils forprescribed examination

Every school shall prepare pupils forexaminations prescribed by or under thisact or any regulations made under this actunless otherwise exempted by or under this

act


10/37

Pre-school Education

Section 20: Prohibition against theestablishment, operation or management

of kindergartens

(1) No kindergarten shall be established,operated or managed unless it isregistered under this Act.

(2) A person who contravenes subsection(1) shall be guilty of an offence


11/37

22 (1) The Minister shall prescribe a curriculum, to beknown as the National Pre-school Curriculum, thatshall be used by all kindergartens in the National

Educational System(2) The National Pre-school Curriculum prescribedunder subsection, (1) shall specify the knowledge,skills and values that are expected to be acquiredby pupils at the end of their respective period of

pre-school education(3) Any Kindergarten intending to implement anycurriculum in addition to the National Pre-schoolCurriculum shall, before implementing suchadditional curriculum, inform the Registrar Generalof such intention in such manner as may beprescribed(4) A person who contravenes subsection (1) or (3)shall be guilty of an offence and shall, onconviction, be liable to a fine not exceeding tenthousand ringgit or to imprisonment for a term not

exceeding one year or both


12/37

23 Notwithstanding subsection 17(1),languages other than the national

language may be used as a medium ofinstruction in kindergartens, but where akindergarten uses a language other thanthe national language, the nationallanguage shall be taught as a compulsory

subject. 26 Sections 18 and 19 shall not apply to

kindergartens


13/37

Primary Education

27 It shall be the duty of the Minister toprovide primary education in government

and government-aided primary schools

28 Subject to the provisions of this Act,the Minister may establish national schoolsand national-type schools and shall

maintain (menyenggarakan) such schools


14/37

29A(2) Every parent who is a Malaysian citizenresiding in Malaysia shall ensure that if his child hasattained the age of six years on the first day of

January of the current school year that child isenrolled as a pupil in a primary school in that yearand remains a pupil in a primary school for theduration of the compulsory education

(4) A parent who contravenes subsection (2) shall

be guilty of an offence and shall, on conviction, beliable to a fine not exceeding five thousand ringgitor to imprisonment for a term not exceeding sixmonths or both


15/37

Minister to Provide SecondarySchool

30 (1) It shall be the duty of the Minister toprovide secondary education in the followingnational secondary schools:(a) academic secondary schools;(b) technical secondary schools, and(c) secondary schools of such otherdescriptions as the Minister may from time totime determine

32 The Minister may provide for a transitionclass in any academic national secondaryschool


16/37

Post-secondary School

33 The Minister may provide post-secondary education in:

(a) the national secondary schoolsdescribed in paragraphs (30)(1)(a) and(1)(b);

(b) colleges; and

(c) any other national secondary schoolor educational institution established andmaintained by the Minister under this Act


17/37

Technical Education in National Schoolsand other Educational Institutions

Collaboration with other institutions andindustrial organizations in technical and

vocational education Section 37 (1): Subject to approval of

the Minister, a polytechnic establishedunder the Act may, in collaboration withany other institution, corporation or

industrial organization, conduct technicalor vocational courses or trainingprogrammed (including exchangeprograms) which the Minister deemsexpedient for the purposes of:

(a) giving effect to the transfer of


18/37

Special Education

40 The Minister shall provide specialeducation in special schools established

under paragraph 34(1)(b) or in suchprimary or secondary schools as theMinister deems expedient

41 (1) Subject to subsections (2) and (3),the Minister may by regulations prescribe:

(a) the duration of primary andsecondary education suitable to theneeds of a pupil in receipt of specialeducation(b) the curriculum to be used in respectof special education(2) The duration prescribed by the


19/37

Teacher Education

42 No person shall establish or maintain ateacher education college except with

the approval of the Minister 44 A teacher education college

established under this Act may award acertificate or such other qualifications as

may be prescribed


20/37

Provision to courses of study in respect of degrees,etc. conferred by universities etc

Section 47 (1)A teacher education collegeestablished under this Chapter may, with theapproval of the Minister, conduct courses of studyor training programmes for degrees, diplomas,certificates or other forms of recognition of a

qualification conferred by any university of otherinstitution of higher learning within Malaysia oroutside Malaysia.(2) The approval given under subsection one maybe made subject to such terms and conditions asthe Minister may deem fit to impose


21/37

Religious Teaching in EducationalInstitutions

Section 50: Teaching of the IslamicReligion

(1) Where in an educational institutionthere are five or more pupils professingthe Islamic religion, such pupils shall begiven 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 generalteachin of the educational institution or


22/37

51 Teaching of religious knowledge of a

religion other than IslamThe governors of government-aidededucational institution may provide for the

religious teaching in a religion other thanIslam to the pupils of the educationalinstitution 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 areligion under than that which he professes,except with the written consent of hisparent.


23/37

Assessment and Examination

67 (1) The Minister may prescribe themanner in which pupils in primary and

secondary schools shall be assessed andthe standards to be achieved by thepupils

(2) The assessment prescribed under

subsection (1) shall be in addition to anyprescribed examination


24/37

Registration of Teachers

103 (1) Subject to subsection (2), no personshall teach in an educational institution unlesshe is registered as a teacher under this Act

(2) Subsection (1) shall not apply:(a) to a person who is a member of theEducation Service teaching in a governmentor government-aided educational institution(b) to a person to whom a permit to teachhas been issued under 114; and

(c) to a pupil in an educational institution forthe training of teachers established by andunder the direct control of the Minister


25/37

106 The Registrar General may refuse to register a

person as a teacher under this Act if he is satisfiedthat 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 misleadingin, or in connection with his application forregistration or has intentionally suppressed any factwhich is material to the application

(d) suffers from some physical or mental defect ordisease rendering him, in the opinion of theRegistrar General, unsuitable to be a teacher

(e) has been convicted of an offence by a court oflaw and sentenced to imprisonment for a term notless than one year or to a fine of not less than two


26/37

Section 71 Private 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


27/37

Major Differences Between Education Act 1961and Education Act 1996

National Education Philosophy is specifically

spelled out under Act 1996:

Pendidikan di Malaysia ialah suatu usaha

berterusan ke arah lebih memperkembangkan

potensi individu secara menyeluruh dan bersepadu

untuk melahirkan insan yang seimbang dan

harmonis dari segi intelek, rohani, emosi danjasmani berdasarkan kepercayaan kepada Tuhan.

Usaha ini adalah untuk menzahirkan warnegara

Malaysia yang berilmu pengetahuan,

berketerampilan, berakhlak mulia,

bertanggungjawab dan berkeupayaan mencapai


28/37

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 bahasapengatar yang besar, walaupun perkara ini tiada dapat

dilaksanakan dengan serta-merta melainkan

hendaklah diperbuat dengan beransur-ansur.

(Penyata Razak, perenggan 12)


29/37

National Education System and Categories ofeducational 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 statutoryeducation system shall be as follows:

Primary educationLower secondary education

Upper secondary education


30/37

Status of the National Language (Bahasa Melayu)

The provision of Section 17 of Act 1996 is comprehensive toinclude all schools except the national-type:

Section 17 (1) The National language shall be the mainmedium of instruction in all educational institutions in the

National Education System except an national-type schoolestablished under Section 28 or any other educationinstitution exempted by Minister from this section.

Bahasa kebangsaan adalah bahasa pengantar sekolahkebangsaan dan sekolah menengah kebangsaan sahaja

Akta Pendidikan 1961


31/37

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 mentionabout this matter


32/37

Section 19 Schools to prepare pupils for prescribed examination

Every school shall prepare pupils for examinations prescribedby or under this act or any regulations made under this act

unless otherwise exempted by or under this actThere 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 educationalinstitution is other than the national language, the national

language shall be taught as a compulsory subject in theeducational institution

In Act 1961, the use of the National Language is only confinedto government and government-aided schools only.


33/37

Section 16 Categories of educational institutions

Three categories of educational institutions:

Government educational institutionsGovernment-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)


34/37

Section 22 Pre-school curriculum

The programmes and activities of every

kindergarten shall be based on the curriculumguidelines for kindergartens approved by the

Minister

Act 1996

Under the Act 1961, such guideline is not

compulsory for kindergartens.


35/37

Section Duration of Primary Education

A national or national-type school established underthis act shall provide a course of primary educationdesigned for a duration of six years but which may becompleted within five to seven years.

Act 1996 (Sec. 2)

Under Act 1961, National primary school, or sekolahkebangsaan, means a fully assisted primary school

providing a six-year course of primary educationappropriate for children between the ages of six andeleven years.


36/37

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 ofdegrees, etc. conferred by universities etc.

Under Act 1961, there is no mention of such provision


37/37

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 morepupils professing the Islamic religion, such pupils shall be givenreligious teaching in Islamic by teachers approved by the StateAuthority

Under Act 1961, Islamic education is only compulsory whenthere are 15 students in fully-aided and government-aidedschools

educational act 1996

Documents