Educational

Act 1996

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

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 are
high quality and world class.
This Act is based on the major
recommendations Penyata Razak 1956 which
form the basis of the national education
policy.
The new Act also maintain provisions that are
still relevant from the Education Act 1961.

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 of
Malaysia as a center of excellent education for
high 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

 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 of
education
Enhancing technical education
Strengthening teachers' training
More systematic systems for the private 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

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 nationaltype 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

 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
(c) 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 postsecondary education in:

(a) the national secondary schools
described in paragraphs (30)(1)(a) and
(1)(b);
(b) colleges; and
(c) 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 training
programmed (including exchange
programs) which the Minister deems
expedient for the purposes of:
(a) giving effect to the transfer of

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
(2) The duration prescribed by the

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 one may
be made subject to such terms and conditions as
the Minister may deem fit to impose

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

 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
(c) 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

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

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 memperkembangkan
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

 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