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EDUCATION ACT 1996 EDUCATION ACT 1996 (ACT 550) (ACT 550) SELECTED REGULATIONS SELECTED REGULATIONS

EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

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Page 1: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

EDUCATION ACT 1996EDUCATION ACT 1996(ACT 550)(ACT 550)

SELECTED REGULATIONSSELECTED REGULATIONS

Page 2: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

Education (National Curriculum)Education (National Curriculum)Regulations 1997Regulations 1997

(1) – (12)(1) – (12) 6 Schedule syllabus and time-table available for 6 Schedule syllabus and time-table available for

inspectioninspection (1) A head teacher or principal of a school shall have (1) A head teacher or principal of a school shall have

immediately available for inspection by the Registra immediately available for inspection by the Registra General a schedule of all the subjects taught in the General a schedule of all the subjects taught in the school and the syllabuses for all the subjectsschool and the syllabuses for all the subjects

(2) A head teacher/principal of a school, except a (2) A head teacher/principal of a school, except a correspondence school/distance education center, correspondence school/distance education center, shall have immediate available for inspection by the shall have immediate available for inspection by the Registrar General the time-table for the current school Registrar General the time-table for the current school termterm

(3) …(3) …

Page 3: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

Teacher’s record bookTeacher’s record book

A teacher in a school, except a A teacher in a school, except a correspondence school or a distance learning correspondence school or a distance learning center, shall keep and maintain a record book center, shall keep and maintain a record book in which shall be recorded by him not later in which shall be recorded by him not later than the last school day of each week of a than the last school day of each week of a school term, the part or parts of the approved school term, the part or parts of the approved syllabus to be taught in the following week in syllabus to be taught in the following week in respect of a subject, and the record book shall respect of a subject, and the record book shall be immediately available for inspection by the be immediately available for inspection by the Registrar GeneralRegistrar General

Page 4: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

10 Time-table to he exhibited10 Time-table to he exhibitedA head teacher/principal of a school shall exhibit a A head teacher/principal of a school shall exhibit a copy of the school time-table for the current school copy of the school time-table for the current school term signed by him in a conspicuous place in the term signed by him in a conspicuous place in the school.school.

11 Penalties11 Penalties(1) A teacher shall teach in accordance with an (1) A teacher shall teach in accordance with an approved syllabus and an approved time-table and approved syllabus and an approved time-table and any teacher who teaches pupils or any person who any teacher who teaches pupils or any person who permits a teacher to pupils otherwise than in permits a teacher to pupils otherwise than in accordance with the approved syllabus or the accordance with the approved syllabus or the approved time-table shall be guilty of an offence approved time-table shall be guilty of an offence and shall, on conviction, be liable to a fine not and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment exceeding five thousand ringgit or to imprisonment for a term not exceeding three months or to bothfor a term not exceeding three months or to both

Page 5: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

(2) A head teacher/ principal or teacher (2) A head teacher/ principal or teacher who contravenes regulation 6, 7, 8, 9, or who contravenes regulation 6, 7, 8, 9, or 10 shall be guilty of an offence and shall, 10 shall be guilty of an offence and shall, on conviction, be liable to a fine not on conviction, be liable to a fine not exceeding five hundred ringgitexceeding five hundred ringgit

7 Teachers to have available copies of 7 Teachers to have available copies of approved syllabuses and list of pupils for approved syllabuses and list of pupils for inspectioninspection

9 Schedule, syllabus etc. in language 9 Schedule, syllabus etc. in language other than national language to be other than national language to be translated into the national languagetranslated into the national language

Page 6: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

Education (Special Education) Education (Special Education) Regulations 1997Regulations 1997

(1) – (4)(1) – (4) 3 Eligibility for special education program3 Eligibility for special education program

(1) For government and government-aided schools, pupils (1) For government and government-aided schools, pupils with special needs who are educable are eligible to attend with special needs who are educable are eligible to attend the special education program except for the following pupilsthe special education program except for the following pupils(a) physically handicapped pupils with mental ability to (a) physically handicapped pupils with mental ability to learn like normal pupils; and learn like normal pupils; and (b) pupils with multiple disabilities or with profound physical (b) pupils with multiple disabilities or with profound physical handicap or with severe mental retardationhandicap or with severe mental retardation(2) A pupil with special needs is educable if he is able to (2) A pupil with special needs is educable if he is able to manage himself without help and is confirmed by a panel manage himself without help and is confirmed by a panel consisting of a medical practitioner, an officer from the consisting of a medical practitioner, an officer from the Ministry of Education and an officer from the Department of Ministry of Education and an officer from the Department of Welfare, as capable of undergoing the national education Welfare, as capable of undergoing the national education programprogram

Page 7: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

Education (Assessment and Education (Assessment and Examination) Regulation 1997Examination) Regulation 1997

(1) – (16)(1) – (16) 15 Signing of declaration15 Signing of declaration

Any person who is involved in the conduct and Any person who is involved in the conduct and management of an examination shall sign a management of an examination shall sign a declaration that he shall not leak or cause to declaration that he shall not leak or cause to be leaked any confidential and secret be leaked any confidential and secret information pertaining to the examinationinformation pertaining to the examination

Page 8: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

Education (School Magazines andEducation (School Magazines andMulti Media Materials) 1998Multi Media Materials) 1998

(1) – (14)(1) – (14) 4 Interpretation 4 Interpretation

““Circulation” means the dissemination, selling or the transmission Circulation” means the dissemination, selling or the transmission of the contents of school magazines and multi media materialsof the contents of school magazines and multi media materials““multi media material” means all materials produced by electronic multi media material” means all materials produced by electronic mediamedia

5 Establishment of committee5 Establishment of committeeA head teacher/principal shall establish a committee to be known A head teacher/principal shall establish a committee to be known as the “Publication and Circulation of School Magazines and Multi as the “Publication and Circulation of School Magazines and Multi Media Materials Committee”Media Materials Committee”

7 Membership of committee7 Membership of committee(1) The committee shall consist of the following members:(1) The committee shall consist of the following members:(a) the head teacher/principal as chairman(a) the head teacher/principal as chairman(b) a teacher or teachers appointed by the head/principal as (b) a teacher or teachers appointed by the head/principal as adviser/advisers for the publication and circulation of school adviser/advisers for the publication and circulation of school magazines ad multi media materials;magazines ad multi media materials;© three other teachers appointed by the head teacher/principal© three other teachers appointed by the head teacher/principal

Page 9: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

12 Expulsion of pupil12 Expulsion of pupil A head teacher/principal may expel any pupil:A head teacher/principal may expel any pupil: (a) who publishes or circulates or causes to (a) who publishes or circulates or causes to

publish or circulate any school magazine or multi publish or circulate any school magazine or multi media material without his approvalmedia material without his approval

(b) who publishes or circulates any school (b) who publishes or circulates any school magazine or multi media material which contains magazine or multi media material which contains any matter which has not been approved by any matter which has not been approved by him/by the adviser/advisers appointed under him/by the adviser/advisers appointed under subregulation 9(3) andsubregulation 9(3) and

© who pulblishes or circulates or causes to © who pulblishes or circulates or causes to publish or circulate any school magazine or multi publish or circulate any school magazine or multi media material in contravention of any order media material in contravention of any order made by the Registrar under regulation 11imade by the Registrar under regulation 11i

Page 10: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

Education (Parent-TeacherEducation (Parent-TeacherAssociation) Regulations 1998Association) Regulations 1998

(1) – (14)(1) – (14) 4 Establishment of Parent-Teacher Association4 Establishment of Parent-Teacher Association

(1) There shall be established in every school an (1) There shall be established in every school an association to be named as the Parent-Teacher association to be named as the Parent-Teacher Association consists ofAssociation consists of

(a) all the teachers teaching in the school(a) all the teachers teaching in the school

(b) the parents of the pupils attending such (b) the parents of the pupils attending such school; andschool; and

© the head teacher or the principal of the school © the head teacher or the principal of the school as an ex-officio member and the Association’s as an ex-officio member and the Association’s AdviserAdviser

Page 11: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

(2) Malaysian citizen who has no children or (2) Malaysian citizen who has no children or custody attending such school but is interested to custody attending such school but is interested to be a member of the Association may apply to be be a member of the Association may apply to be a member either to the District Education Officer a member either to the District Education Officer or the Division Education Officer or the Registraror the Division Education Officer or the Registrar

(3) Every parent and teacher in the school shall (3) Every parent and teacher in the school shall be deemed to be a member of the Associationbe deemed to be a member of the Association

(4) For the purposes of these regulations, the (4) For the purposes of these regulations, the Association is not a society within the meaning of Association is not a society within the meaning of any law relating to the registration of societiesany law relating to the registration of societies

Page 12: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

5 Purposes and limitations of the Association5 Purposes and limitations of the Association1 – 61 – 6(5) The Association shall not extend the Association’s (5) The Association shall not extend the Association’s jurisdiction to matters connected with the administration of jurisdiction to matters connected with the administration of the school, the employment and conditions of services of the school, the employment and conditions of services of teachers and other staff in the schoolteachers and other staff in the school

10 Fund and audit10 Fund and audit(1) – (5)(1) – (5)(2) The Association shall keep or cause to be kept proper (2) The Association shall keep or cause to be kept proper account and other records in respect of the Association’s account and other records in respect of the Association’s operation and shall also cause to be prepared statement of operation and shall also cause to be prepared statement of account for each financial yearaccount for each financial year(5) The Head Teacher/principal shall be allowed to inspect (5) The Head Teacher/principal shall be allowed to inspect the account of the Associationthe account of the Association

Page 13: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

(13) No affiliation with bodies outside the (13) No affiliation with bodies outside the schoolschool

The Association shall have no affiliation The Association shall have no affiliation with any political party or trade union or with any political party or trade union or other organization or associaiton other organization or associaiton registered or incorporated under any registered or incorporated under any written law in force relating to itwritten law in force relating to it

Page 14: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

Education (School Associations)Education (School Associations)Regulations 1998Regulations 1998

(1) – (13)(1) – (13) 4 Establishment of school associations4 Establishment of school associations

The Head Teacher/Principal, after receiving a The Head Teacher/Principal, after receiving a written application, shall establish the following written application, shall establish the following categories of school association:categories of school association:(a) subjects taught in school as specified in the (a) subjects taught in school as specified in the Education (National Curriculum) Regulations 1997Education (National Curriculum) Regulations 1997(b) Hobbies and recreations(b) Hobbies and recreations© sports and games© sports and games(d) uniformed body; or(d) uniformed body; or(e) any other associations approved by the (e) any other associations approved by the RegistrarRegistrar

Page 15: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

9 Accounts9 Accounts (1) The accounts of every school associations shall be under (1) The accounts of every school associations shall be under

the control of the head teacher/principal/of an adviserthe control of the head teacher/principal/of an adviser (2) The head teacher/principal shall keep or cause to be (2) The head teacher/principal shall keep or cause to be

kept proper accounts and shall retain in his custody for a kept proper accounts and shall retain in his custody for a period of not less than six months after the end of each period of not less than six months after the end of each financial year and shall be made available for inspection by financial year and shall be made available for inspection by the Registrarthe Registrar

(3) Any sponsorship or collection for each school (3) Any sponsorship or collection for each school association must get the approval of the head teacher or association must get the approval of the head teacher or principalprincipal

10 Meetings10 Meetings Every meeting of a school association or of its committee Every meeting of a school association or of its committee

shall be attended by the adviser and any other teacher shall be attended by the adviser and any other teacher appointed for that purpose by the head teacher/principalappointed for that purpose by the head teacher/principal

Page 16: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

Education (School Terms, Days,Education (School Terms, Days,and Holidays) Regulations 1998and Holidays) Regulations 1998

(1) – (10)(1) – (10) 6 School days6 School days

(1) School days for any one year must not be less than one (1) School days for any one year must not be less than one hundred ninety dayshundred ninety days(2) The head teacher/principal shall provide a substitute (2) The head teacher/principal shall provide a substitute day if he finds that the school days are less than one day if he finds that the school days are less than one hundred ninety dayshundred ninety days

7 Occasional holidays7 Occasional holidays(1) The head teacher/principal with the approval of the (1) The head teacher/principal with the approval of the Registrar may choose a particular day as occasional Registrar may choose a particular day as occasional holiday, which must not exceed four days in any one yearholiday, which must not exceed four days in any one year(2) The occasional holiday must not be taken for the (2) The occasional holiday must not be taken for the purpose of extending the school term holidayspurpose of extending the school term holidays

Page 17: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

8 Register of pupil’s attendance8 Register of pupil’s attendance

(1) – (3)(1) – (3)

(2) The name of the pupil who has changed or (2) The name of the pupil who has changed or left school must be cancelled from the register left school must be cancelled from the register at the end of the particular month concerned.at the end of the particular month concerned.

(3) The head teacher/principal may take (3) The head teacher/principal may take disciplinary action against a pupil who, without disciplinary action against a pupil who, without any reasonable reasons fails to attend school any reasonable reasons fails to attend school for a period of three consecutive daysfor a period of three consecutive days

Page 18: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

10 Closing of schools10 Closing of schools(1) – (2)(1) – (2)(1) The head teacher/principal has the (1) The head teacher/principal has the power to close school for a particular power to close school for a particular period if there exists an emergency or a period if there exists an emergency or a natural disasternatural disaster(2) The closure of school under (1) must (2) The closure of school under (1) must be notified orally and in writing to the be notified orally and in writing to the Registrar as soon as practicable and the Registrar as soon as practicable and the day on which the school is closed must be day on which the school is closed must be substituted with another day`substituted with another day`

Page 19: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

Education (Admission of Pupils to Schools,Education (Admission of Pupils to Schools,Keeping of Register and Conditions underKeeping of Register and Conditions underwhich Pupils May be Retained in Schools) which Pupils May be Retained in Schools)

Regulations 1998Regulations 1998 4 Admission of a citizen pupil4 Admission of a citizen pupil

(1) – (2)(1) – (2)(1) The head teacher/principal shall admit a pupil who is a (1) The head teacher/principal shall admit a pupil who is a citizen to a school to receive educationcitizen to a school to receive education(2) The parents shall furnish the following during the (2) The parents shall furnish the following during the registration of admission of the pupil to the school:registration of admission of the pupil to the school:(a) the pupil’s original birth certificate for admission to a (a) the pupil’s original birth certificate for admission to a primary schoolprimary school(b) the pupil’s original identity card for admission to a (b) the pupil’s original identity card for admission to a secondary schoolsecondary school© the pupil’s original birth certificate for admission to a © the pupil’s original birth certificate for admission to a secondary school, if he has not obtained an identity card orsecondary school, if he has not obtained an identity card or(d) the original identity card of the pupil’s mother or father(d) the original identity card of the pupil’s mother or father

Page 20: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

5 Admission of a non-citizen pupil5 Admission of a non-citizen pupil (1) – (2)(1) – (2) (1) The following categories of pupil who is non-citizen may (1) The following categories of pupil who is non-citizen may

be admitted to a school:be admitted to a school: (a) a child of a staff of a foreign embassy(a) a child of a staff of a foreign embassy (b) a child whose father is also a non-citizen, working in (b) a child whose father is also a non-citizen, working in

government service or agency, statutory body or any other government service or agency, statutory body or any other place with a valid working permitplace with a valid working permit

© a child whose parent is a permanent resident of © a child whose parent is a permanent resident of Malaysia, orMalaysia, or

(d) a child who is selected by his Government to persue his (d) a child who is selected by his Government to persue his studies in Malaysia pursuant to any Memorandum of studies in Malaysia pursuant to any Memorandum of Understanding or Agreement between the Government of Understanding or Agreement between the Government of Malaysia and Government of his countryMalaysia and Government of his country

Page 21: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

7 Transfer of school 7 Transfer of school

(1) – (4)(1) – (4)

(2) Where a pupil who is non-citizen wishes to (2) Where a pupil who is non-citizen wishes to transfer school, he shall make a new application transfer school, he shall make a new application for admission to the school that he appliesfor admission to the school that he applies

8 Offence and penalty8 Offence and penalty

Any person who contravenes any provision of Any person who contravenes any provision of these Regulations commits an offence and shall these Regulations commits an offence and shall be liable on conviction to a fine not exceeding be liable on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a five thousand ringgit or to imprisonment for a term not exceeding three monthsterm not exceeding three months

Page 22: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

Education (Accounts and Audit)Education (Accounts and Audit)Regulations 2002Regulations 2002

4 Audit4 AuditThe auditing of the annual financial statement of an Islamic The auditing of the annual financial statement of an Islamic or a government/government-aided institution which is in or a government/government-aided institution which is in receipt of a financial assistance under the Act shall be receipt of a financial assistance under the Act shall be made by an auditor or an Audit Divisionmade by an auditor or an Audit Division

6 Responsibilities of a manager of a school6 Responsibilities of a manager of a schoolThe manager of a school shall be responsible for:The manager of a school shall be responsible for:(a) the preparation of an annual financial statement for the (a) the preparation of an annual financial statement for the year ending 31 December every year in accordance with year ending 31 December every year in accordance with the generally accepted accounting principles, andthe generally accepted accounting principles, and(b) the submission of the annual financial statement to the (b) the submission of the annual financial statement to the Head of Responsibility Center who shall then submit it to Head of Responsibility Center who shall then submit it to the Audit Division not later than 31 March of the following the Audit Division not later than 31 March of the following yearyear

Page 23: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

12 Procedures to be complied with:12 Procedures to be complied with:The procedures as contained in:The procedures as contained in:(a) the Financial Procedure Act 1957(a) the Financial Procedure Act 1957(b) the Treasury Instructions for the time being in (b) the Treasury Instructions for the time being in forceforce© the regulations pertaining to accounts and © the regulations pertaining to accounts and audit of educational institutions as specified from audit of educational institutions as specified from time to time by the Treasurytime to time by the Treasury(d) the Financial Management and Accounting (d) the Financial Management and Accounting Procedures as specified by the Finance Division of Procedures as specified by the Finance Division of the Ministry of Education, andthe Ministry of Education, and(e) and other procedures relating to accounts and (e) and other procedures relating to accounts and audit of educational institutions as may be laid audit of educational institutions as may be laid down by the Ministerdown by the Minister

Page 24: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

13 Penalty13 Penalty

A person who contravenes these A person who contravenes these Regulations commits an offence and shall, Regulations commits an offence and shall, on conviction, be liable to a fine not on conviction, be liable to a fine not exceeding five thousand ringgit or to exceeding five thousand ringgit or to imprisonment for a term not exceeding imprisonment for a term not exceeding three months or to boththree months or to both

Page 25: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

Education (Compulsory Education)Education (Compulsory Education)Regulations 2002Regulations 2002

InterpretationInterpretation ““drop-out pupil” means a person who is drop-out pupil” means a person who is

not attending compulsory education in a not attending compulsory education in a school or a pupil who does not attend school or a pupil who does not attend school for a period of more than three school for a period of more than three days consecutively, but does not include a days consecutively, but does not include a pupil who is not attending school by pupil who is not attending school by reason of truancy, health problems or reason of truancy, health problems or having been exempted by the Minister having been exempted by the Minister

Page 26: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

3 Drop-out pupils3 Drop-out pupils (1) If a report of a drop-out pupil is received from any party:(1) If a report of a drop-out pupil is received from any party: (a) the headmaster/principal of a government school or (a) the headmaster/principal of a government school or

government aided school shall take action in accordance government aided school shall take action in accordance with the guidelines and directives issued by the Registrar with the guidelines and directives issued by the Registrar General from time to time, andGeneral from time to time, and

(b) the headmaster/principal of a private school shall (b) the headmaster/principal of a private school shall submit a report to the Education Officer in the respective submit a report to the Education Officer in the respective district or area, or the Registrardistrict or area, or the Registrar

(2) The Registrar, Education Officer in the district or area, (2) The Registrar, Education Officer in the district or area, headmaster or principal may visit and give advice, as well headmaster or principal may visit and give advice, as well as render such assistance as may be necessary to the as render such assistance as may be necessary to the parents of a drop-out pupil and the drop-out pupil to ensure parents of a drop-out pupil and the drop-out pupil to ensure that the pupil attends compulsory education that the pupil attends compulsory education

(3) – (5)(3) – (5)

Page 27: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

Education (National Pre-SchoolEducation (National Pre-SchoolCurriculum) Regulations 2002Curriculum) Regulations 2002

3 National Pre-School Curriculum3 National Pre-School Curriculum (1) The National Pre-School Curriculum is (1) The National Pre-School Curriculum is

an educational program which comprises an educational program which comprises the basic elements to aid the development the basic elements to aid the development of a pupil in various aspects including of a pupil in various aspects including language and communication, cognitive, language and communication, cognitive, spiritual and moral values, emotion, social, spiritual and moral values, emotion, social, physical and creativity and aestheticsphysical and creativity and aesthetics

(2) Every kindergarten shall use the (2) Every kindergarten shall use the National Pre-School Curriculum issued by National Pre-School Curriculum issued by the Registrar General from time to timethe Registrar General from time to time

Page 28: EDUCATION ACT 1996 (ACT 550) SELECTED REGULATIONS

5 Minimum period allocation5 Minimum period allocation Every kindergarten shall allocate a Every kindergarten shall allocate a

minimum period of at least three hours per minimum period of at least three hours per day on every schooling day for the day on every schooling day for the National Pre-School CurriculumNational Pre-School Curriculum

8 Pupil’s progress record8 Pupil’s progress record The teacher shall carry out continuous The teacher shall carry out continuous

assessment of the progress of the pupil assessment of the progress of the pupil and record the progress in the manner and record the progress in the manner prescribed by the Registrar General from prescribed by the Registrar General from time to timetime to time