The Higher Education (Non-State) Bill, 2012

Nelum Deepika UdagamaDepartment of Law

University of Peradeniya( for UT4DD)

OBJECTIVES

1. Establishment of the QAA Board & Non-State Higher Education Council

2. Registration and regulation of Non-State HEIs

3. Quality assurance and accreditation of HEIs

I. The QAA Board

• 08 members • 07 appointed by Minister • 01 ex officio members:

--Secretary/MOHE ( previous draft following were included: --Chairman/UGC --Chairman/CVCD --DG/SLIATE --Chairman/Tertiary and Vocational Education Commission -- President/Institute of Engineers -- President/SLMA)

QAA Board -- Functions

• Assess and monitor quality and standards of all HEIs, courses and academic staff

• Recommend accreditation• Evaluate foreign degrees and diplomas• Comparing qualifications offered by HEIs• Recommend qualification framework levels• Make relevant rules and perform related

duties and functions

QAA Board -- Powers

• Recommend to Minister suspension or termination of programs offered by HEIs not meeting specified standards …

• Charge fees for services• Issue circulars to HEIs re duties and functions

(role of UGC ?)• Delegate powers to committees

QAA Board

• Two agencies:

1.Qualifications Framework Agency

2.Quality Assurance and Accreditation Agency

(To make recommendations to Board)

• Joint Advisory Board of 10 to advise Agencies

The Minister

• The Minister may prescribe via regulations, criteria and requirements for QAA, appointment of assessment panels required to carry out external quality assessment (in previous draft)

• The Minister may by order published in Gazette give an order to suspend or terminate any program offered by a HEI on the recommendations of the Board

• The Minister may remove members of Board for reasons assigned

(micro management???)

HEIs to Apply…

• HEIs are required to apply to the QAA Board—1. For identification of qualification framework level of

qualifications offered and expected levels of knowledge, skills and competencies, format of certificates and transcripts to comply with qualification framework adopted by Board; and

2. For QAA in order to carry out activities as HEI “in such form and manner as shall be prescribed”

Failure to Apply…

• Public HEIs – report to UGC• Private (non-state) HEIs – report to Council

to take appropriate action for compliance• Report back to Board

Finances of the QAA Board

• Receives money from Parliament earmarked for Board

• Raise funds through fees for services• Can receive donations or grants from any

source whatsoever, whether within or outside Sri Lanka (undue influence? Independence??)

II. Council for Non-State Higher Educational Institutions

• 08 members appointed by Minister with concurrence of President

• 04 of those to represent medicine, engineering, accountancy or allied fields (Social Sciences and the Humanities???)

• 03 ex officio members including Chairman of QAA Board (conflict of interests)

• Note: more ministerial appointees

Functions of Council

• Registering non-state (i.e. private) HEIs• Regulation of non-state HEIs• Encourage, promote and facilitate the non-

state HE sector• Liaising with QAA Board (but not UGC)• Advise the government on national HE policy• Minister may assign other duties and

functions by order published in Gazette

Powers of Council

Include:• The right to form or participate in formation of

company, partnership or joint venture, or to become a shareholder of a company, with a view to carrying out any activities which are similar or connected with duties and functions of the Council

• Charge fees for its services• Receive grants from any source whatsoever

(independence?)

The Minister

• The Minister may give to the Council such directions not inconsistent with the provisions of this Bill

• The Council is obligated to comply with such directions

• The Minister can remove members for reasons given

(micro management?)

Non-State HEIs

• Only those institutions which are:

1.Registered as a company or

2.Registered as a BOI venture

are eligible to apply for registration• Not-for- Profit institutions are excluded• Purely commercial ventures encouraged

Registration of Non-State HEIs

• It is an offence to conduct programs of study or admit students without registration

• Non-registered institutions can be closed• Registration is renewable• Assessment of non-state HEIs every five years• Universities Act not applicable

The Minister

• Can make regulations re:i. Application formsii. Requirements for registrationiii.Changing of a name of non-state HEIiv.Grant of approvalv. Secondary education qualifications required for

admissionvi.Criteria for study coursesvii.Provisions relating to advertisingviii. Fees(micro management?)

Funds of Council

• Parliament may vote funds• Grants, gifts or donations from any source

whatsoever• Fees for services

Oath of Secrecy

• All serving the QAA Board and the Council and members of panels of review shall sign a declaration of secrecy before commencing work

• All staff deemed public servants

Conclusions

• QAA and regulation of non-state HEIs is not a problem

BUT• The Minister is conferred with vast powers than under

Universities Act – powers of micro management• The QAA Board is a superstructure • UGC marginalized• Academic bodies within universities marginalized• The Non-State HEI Council has disproportionate

powers• Board and Council rife with conflict of interests and

cannot function independently• Secrecy –lack of transparency

Final Question

• Why cannot the scheme under the Universities Act be used for QAA and regulation of non-State universities???