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Educational
Act 1996
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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
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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.
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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
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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
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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
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Section 16: Categories ofeducational institutions
Three categories of educational
institutions: Government educational
institutions
Government-aidededucational institutions
Private educational institutions
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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)
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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
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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
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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
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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.
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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)
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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.
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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.
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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
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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