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 25th 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 3 - 9
 Part III National Educational Advisory Council Section 10 - 14
 Chapter 1 National Educational System Section 15 - 19
Chapter 2 Pre-School education Section 20 - 26
Chapter 3 Primary education Section 27 – 29A
Chapter 4 Secondary education Section 30 - 32
Chapter 5 Post-secondary education Section 33
Chapter 6 Other educational systems Section 34
Chapter 7 Technical education and polytechnics
Section 35 - 39
Chapter 8 Special education Section 40 - 41
Chapter 9 Teacher education Section 42 - 49
Chapter 10 Religious teaching in educational
institutions Section 50 - 52
Chapter 11 Management of educational institutions
Section 53 - 63
Chapter 12 Provisions of facilities and services Section
64 - 66
 Part V
Assessment and examination Section 67 - 69
 Part VI Higher education Section 70 - 73
 Part VII Private educational institutions Section 73 - 78
 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 99 - 102
 Part IX Registration of teachers
Chapter 1 Registration of Teachers Section 103 – 113
Chapter 2 Permits to teach Section 114 - 116
 Part X The Inspectorate of Schools
Chapter 1 The Inspectorate Section 117 – 120
Chapter 2 General Section 121 - 122
 Part XI Finance Section 123 - 125
 Part XII Appeals Section 126 - 129
 Part XIII Regulations Section 130 -131
 Part XIV Offences and penalties Section 132 - 139
 Part XV Miscellaneous Section 140 - 145
 Part XVI Transitional and appeal Section 146 - 156
 Interpretation

 Capital grant (sumbangan model) means a payment

from public funds to an educational institution for:
a. The provision of buildings
b. the alteration to or extension of existing premises
c. the provision of furniture or equipment for
new, altered or extended premises or
d. such other purposes as may be prescribed
 Grant-in-aid (sumbangan bantuan) means any
payment from public funds, other than a capital grant,
made to an educational institution
 Kindergarten means any place where pre-school
education is provided to ten or more pupils.
 Post-secondary education means education provided
to a person who has completed upper secondary
education, but does not include higher education
 Transition class means a class in a secondary
school providing one year of instruction to
pupils from a primary school using a language
other than the national language as the
medium of instruction prior to the
commencement of the lower secondary
education
 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