Showing posts with label Higher Education. Show all posts
Showing posts with label Higher Education. Show all posts

Sunday, 22 September 2024

NATIONAL SURVEY-THE MALAYSIA HIGHER EDUCATION BLUEPRINT (MHEB) 2026-2035

 





NATIONAL SURVEY-THE MALAYSIA HIGHER EDUCATION BLUEPRINT (MHEB) 2026-2035

The Ministry of Higher Education (MOHE) is conducting a national survey, inviting feedback from the public on the proposed Blueprint on Higher Education.

Information on the survey can be got from https://www.mohe.gov.my/en/broadcast/banner/national-survey-the-malaysia-higher-education-blueprint-mheb-2026-2035?highlight=WyJibHVlcHJpbnQiXQ==

Please look and respond if you are interested in our higher education.

Sunday, 16 April 2023

A Training Course to Face the Challenges of Artificial Intelligence

Training staff and students on the use of AI tools must be part of any institutional policy that is implemented to deal with the challenges of the new technology. 


Carefully designed training programmes are an effective way to introduce students and staff to the challenges and potential of the new technology. Training must include ethical and legal issues arising from the use of AI tools, their potential benefits and limitations, and how to use them effectively in higher education
.

A New Training Course

In this paper, we describe a course developed by senior academics titled Knowledge and Learning in the Age of Chat GPT. The course deals with fundamental questions about knowledge, its creation, verification and application, especially in an educational context.

The Rationale for the Course

As Artificial Intelligence (AI) tools like ChatGPT begin to encroach into the realms of knowledge production, it becomes important that students and even teachers have a clearer understanding of how universities and colleges create, validate, and transmit knowledge. Rather than worry about how ChatGPT will undermine the integrity of educational processes, HE institutions must bring the technology to heel as simply another source of information that must be tested and verified like any other source. 

More than ever before, HE institutions must forge an environment where all knowledge is subject to critical evaluation and students are given a more explicit understanding of knowledge creation and validation. Students must be taught that knowledge is fragile and vulnerable to manipulations and biases. With that realisation, and equipped with critical and analytical skills, students will be able to evaluate the output of AI technologies and make informed decisions on how to use and apply the information generated by AI tools.

HE institutions must also examine how AI can beneficially serve educational processes. For instance, AI has the potential to liberate education from the control of external agents like the media, governments and politicians or a particular perspective or set of beliefs. Tools like ChatGPT can provide learners with an immediate alternative view of the knowledge that is officially transmitted.

Overall, the course equips students and staff with the necessary skills to ethically navigate and apply the opportunities and challenges that AI technologies bring to the realm of education.

Course Outline

Ideally, the course should be taught over two full days. However, a shortened version can be delivered in one day.

I. Introduction

Welcome, and introduction to the course.

A brief overview of the topics to be covered.

II. How ChatGPT Answers Questions

Explanation of how ChatGPT works on large data sets.

Examples of how ChatGPT can be used to extract knowledge from text.

Distinguish ChatGPT from information on the Internet.

Discussion of the advantages and limitations of this technology.

Ethical issues arising from the use of ChatGPT.

III. ChatGPT in Higher Education

Personalized and self-learning.

Online tutoring and mentoring.

Automated grading of exams and assignments.

Translation, question answering, summarizing.

Literature search.

Curriculum development.

Generating course materials.

Improving accessibility to higher education, generally and for special needs students.

Originality and plagiarism.

IV. Validation of Knowledge

The importance of credibility and accuracy of knowledge and the role of the university in that process.

Importance of knowledge in making informed decisions, solving problems, and advancing knowledge.

Traditional methods of knowledge validation - peer review, fact-checking, citation analysis, and expert opinion.

Challenges in validating online information and information produced by AI tools.

V. Hierarchies of Knowledge

Discussion of the hierarchies of knowledge, from data to information, knowledge, understanding, and wisdom 

Explanation of how these levels build upon one another and contribute to deeper insights.

VI. Knowledge Systems

Meaning of knowledge.

Different types of knowledge.

Overview of different knowledge systems and how they have created knowledge in the past.

Examples of how indigenous knowledge, religious knowledge, and scientific.

Different approaches and perspectives in knowledge systems.

VII. Bloom's Taxonomy and Learning

The hierarchy of cognitive skills.

ChatGPT and the hierarchy of cognitive skills.

Explanation of Bloom's Taxonomy and its six levels of learning: remembering, understanding, applying, analysing, evaluating, and creating

Discussion of how different types of questions and learning activities can promote higher-order thinking skills.

VIII. Critical thinking

Thinking tools to evaluate information/knowledge.

Evaluation of sources.

Analysis of biases.

Application of logical reasoning.

Identifying logical fallacies.

External references.

IX Limitations and Challenges

Ethical implications

Explanation of the limitations of ChatGPT and other similar technologies, including the possibility of biased or flawed knowledge.

Discussion of the importance of critical thinking skills in evaluating knowledge from these sources.

AI technology may seem to make learning more exciting but the excitement must be tempered with vigilance in ensuring the accuracy and quality of information.

© Espact Sdn. Bhd.


Thursday, 22 September 2022

Higher Education and Employability

 By Dr Hazman Shah Abdullah*



Employability is the primary mantra of today’s higher education institutions. For some, it is the raison d’etre, especially those who depend solely on students for their income and the primary attraction of their offerings is jobs, good jobs, and high-income jobs. The written purpose, philosophy, credos, principles, and values which adorn the halls of the institution and in their strategic documents fade when you really listen to the voices on the campus. It will be loud, pervasive, repeated, systematic, blunt, and blithe.

The primacy of employability of course places the needs of employers at the centre of the orbit of curriculum, teaching, learning, assessment, services etc. Regulators, quality assurance bodies, university management, ranking bodies etc. make this point palatably stakeholder engagement. Many faculties are still refusing to admit to this and fighting it in whichever way they can. I have urged them to be open but not reverential to the employers and the haloed practitioners. Challenge their orthodoxies for proof of relevance and scale of need. What do employers want and care about? Do they want more of the same? More than a decade ago, there was a European study which asked students, faculty and employers, to rank the different generic aspects of a bachelor's or cycle 1 programme as they call it under the Bologna Convention. One area where there was a visible difference was academic research. Faculty ranked this very highly but not students and employers. The European universities have not thrown formal research out of their curriculum because it’s the 2nd pillar of their mission. But tactically, you can always dismiss a study or findings that run counter to your own beliefs or interests with a million little arguments. Faculty members are trained in this art and science - how to challenge the credibility of facts or knowledge. We call it epistemology - the science of confirming good science or knowledge. They may not be as good at this as the policy-level civil servants who tend to accept their own findings and ignore the rest.

Employers do care about technical knowledge - the value a graduate brings to their organisation.  They want specialists but not a large army of them.  What they want are non-technical skills aka soft skills in copious amounts in all specialists but what they mean by it is not exactly what you find in textbooks. Leadership (less instruction, more independence), interpersonal skills (communicate with empathy and know your place as per company culture), resilience (able to take a lot of crap from peers, employers and customers), teamwork (play your part for the betterment of the company), problem-solving (satisfy the customers preferably with no cost to the employer), critical thinking (think hard and deep but always be mindful of the power and politics of the place), adaptable (do whatever is wanted of you), rapid and continuous learning (learn on your own and do it fast).

Universities are and have been good at teaching technical skills. Engineering science, medical science, design science, social science, management science, information science etc. are what the faculties are qualified to do and can potentially do well. When it comes to soft skills - hmmm, it is not something the faculties were taught or trained or qualified to do. But they try because it is part of the programme's learning outcomes. Seriously, the opportunity for developing soft skills is not always a planned one. In fact, many planned interventions are hopelessly ineffective. It is serendipity - chance learning. This seems to flourish in all universities but especially in badly managed universities!

Let us take a measure of what typically happens in a bachelor’s programme in developing soft skills. Communications skills - make repeated presentations (mastery of PowerPoint and not necessarily point making without fancy aids), interpersonal skills (discussions within groups - actually communication with familiar faces or friends), adaptability (live with class cancellations due to lecturers attending important meetings, and cancel your weekend life or in rare occasions a pandemic breaks and life changes radically! - serendipity), resilience (tolerate crap from your university and lecturers but this is not designed. It is serendipity.), leadership (if your group assignment is not making progress, step in and take over - serendipity ), teamwork (letting all group members including supervisors to take the same credit for work they did not contribute directly. It is plagiarism - undeserved credit. Lifelong learning (develop loyalty to further studies at the university). It is peripherally about searching endlessly and aimlessly on Google for ideas, references, assignments, and a desire to know more and outside the scope of the programme), problem-solving (the only real problem solving is solving the conflicts with your timetable  and managing time and academic overload - serendipity),  critical thinking (is asking searching questions in a case study but not about the curriculum, delivery, fees policy, lecturers’ conduct, university or public policies - it’s often about politically correct thinking but is it thanking!), ethics and professionalism (knowing the rules of good conduct - not observing the teaching that comes from the unethical environment of the university and beyond - its harmless classroom ethics) and digital skills (LMS use, troubleshooting in videoconferencing sessions,  have FB, IG and WhatsApp, PowerPoint, Word and  Excel in that order)

So much of soft skills are serendipitously acquired. Bad universities, ironically, create more opportunities provided you have good students! Good universities might inadvertently remove this serendipitous learning!


*Dr Hazman Shah Abdullah was a Professor of Administrative Sciences at Universiti Teknologi MARA until his retirement in 2018.  During his tenure at the university, he also served as the Assistant Vice-Chancellor (Quality Assurance). Dr Hazman was the Deputy Chief Executive Officer (Quality Assurance) of the Malaysian Qualifications Agency (MQA) from 2015 until 2018 and continues to serve as a quality assurance expert for MQA.

Friday, 12 August 2022

DESIGNING A COURSE ON CRITICAL THINKING SKILLS



Information is shoved at us daily from every direction, unceasingly. From the popular media, from the incessant messages that are pumped into our phones every minute, or more seriously, from the information that comes in the form of laws and policies that bind and restrict us. To submit to the barrage of information without critically examining it is a sure way to surrender our freedom. Critical thinking skills have become survival skills in the face of the information onslaught.

Critical thinking skills will help us maintain our freedoms, which is sufficient reason to acquire those skills. But it will do more. It will help us to deal with information more effectively and to innovate and create new ideas from the knowledge we extract from the information. Critical thinking will help us become more effective learners who can build on the large amount of knowledge that is being unleashed by the information.

Critical thinking is important not only in educational or professional contexts but as a living skill. It is an indispensable skill to understand and analyze information and make important decisions in our lives. Never in our history have we encountered information as today. Information technology will multiply the amount exponentially every few days. Much of that information is not abstract or detached from our daily lives. It affects the decisions and the choices we make.

In designing this course, we have taken into consideration the cultural traditions in this country that tend not to support critical thinking and regard a critical approach as being rude or disobedient. Our education system has contributed to this by encouraging rote learning and rewarding the regurgitation of information without critical analysis. Unfortunately, even in higher education, there is very little encouragement to critically analyze what is being taught. Only in a few institutions or programs is critical thinking taught as an independent subject or as part of the syllabus of any subject.

School teachers we have spoken to tend to think that critical thinking is a difficult skill to teach. Many of them believe that students are not ready to absorb such skills and must be content with obtaining knowledge that is found in the textbooks and formalized through syllabuses. Many have also alluded to the fact that critical thinking can only be taught after the learner has had a sufficient command of the knowledge and It is the role of teachers to equip students with the knowledge. What also emerged from our discussions is a reluctance amongst teachers, brought upon by fear of official retribution, to introduce any form of critical approach to education. Control and conformity and rigid adherence to the status quo seem to be the unalterable canons of education. Critical and creative thinking are aspirations stated in the Malaysia Education Blueprint 2013-2025. A new curriculum has been proposed that will add these elements to the education meted out in schools. To make that happen, there has to be a reorientation of the attitudes of not only the teachers but the whole bureaucracy of education and of those in government, making policies on education. One thing that must cease is the punishment of individuals for artistic and literary expression. We have become a society with increasingly thin skin. Criticism has been criminalized.

Our institutions of higher education are no better. They are highly regulated, and contrary to the official rhetoric, the education provided in universities and colleges is not student-centered. Rigid adherence to outdated prescribed syllabuses does not cater to student needs. Dissemination of book-based knowledge is the main objective of higher education. As in primary and secondary education, tertiary teachers also believe that students are not ready to engage in any critical examination until they are sufficiently apprised of the knowledge that is imparted at the different levels of higher education. The containment of education in the classrooms is reinforced by laws that restrict the academic freedom of the professoriate. We cite only one set of such laws – the laws regulating university staff discipline that prohibit any form of criticism of the government or its policies and the university and its policies.

This course is driven by the belief that a disposition to critical thinking will benefit both the individual so disposed and the nation ultimately. A disposition to examine everything critically will increase creativity and productivity, whether individually, in groups, or in the workplace.

 Course Outline

1.       What is meant by critical thinking?

2.       Why teach/learn critical thinking?

3.       Bloom’s Taxonomy of Cognitive Skills.

4.       The origins of critical thinking – in philosophy, in psychology, in education.

5.       Example of how knowledge developed through critical thinking.

6.       Dispositions, attributes, and behaviour that support critical thinking.

7.       Critical thinking tools

8.       Knowledge

9.       How emotions affect thinking

10.   Imagination as the mental projection of possibilities which transcend time and space and offer what could be rather than what is.

Saturday, 10 July 2021

The Predicament of Students Stranded Without Accreditation

 

The problem first reported more than two months ago about students from a university being stranded without accredited qualifications is still festering with no real solutions offered. No one in authority seems to realize the urgent need to relieve the hardships caused to the students involved. Typically, no official from any of the relevant ministries and agencies have stepped forward to help the students concerned. These students would have chosen to study in Malaysia not least because of official assurances given about the reliability of our higher education system on the internet and elsewhere. See, for example, educationmalaysia.gov., which is the official portal extolling Malaysian Higher Education to the world.

This issue over accreditation is a debacle that would not have happened if government regulators and owners of private universities understood better their responsibilities to students. Great sacrifices are made by parents and students in time and money to receive a university-level education. There are also the other costs that tend to be ignored - social and emotional, especially when students travel from afar from their home countries to study in Malaysia. They come here because of the promises made by our government and our higher education institutions. There is a moral obligation that neither of these parties has so far responded to.

The reasons for the students’ predicament lie first on those who manage the institution involved, and secondly, on badly drafted laws that govern the approval and accreditation of courses offered by private universities and colleges. Nevertheless, given the enormity of the problem, regulators cannot sit back as spectators hoping for things to resolve themselves. There are means available to them to break the present impasse and they must take them to do so immediately.

Approval of courses conducted in private universities and colleges are regulated by the Private Higher Educational Institutions Act 1996 (Act 555). Private Institutions are prohibited from conducting a course without the prior approval of the Registrar General of Private Higher Education, a position created by Act 555. Not complying with the approval requirements will subject institutions to a fine of up to RM 200,000 and a prison term of 2 years.

The procedure that is now adopted by the Ministry of Higher Education is that institutions wishing to conduct a new course must submit the course for evaluation by the Malaysian Qualifications Agency  (MQA). The MQA is an independent body that is not beholden to the MOHE. The MQA’s standard procedure is to issue a provisional accreditation certificate to the new course if it complies with the Malaysian Qualifications Framework and MQA’s guidelines on programme approval. Once provisional accreditation is given, the Registrar General of MOHE will as a matter of course, approve the course to be conducted by the applicant institution. The institution then proceeds to recruit students into the course collecting fees and other dues from them. Given the present laws and procedures, the students have no means to realise the danger looming that the course they have paid for may not be accredited. A course with provisional accreditation will only be assessed for full accreditation when the first cohort of students in the course progress to the final year. If the institution fails to secure full accreditation for the course, the worst of the consequences of that failure falls on the students. They realize too late that the course they studied and paid fees for is unaccredited by the only accrediting authority in the country. Living expenditures incurred in the process are lost. Scholarships are lost. Time is lost and the employment of the student delayed. Authorities such as foreign governments, embassies, and high commissions will not validate their qualifications which is an important requirement for foreign students. The MOHE is likely to withdraw the approval of the course paying no attention to the repercussion on students.

The underlying reason for all this is that penalties imposed by the laws that are passed to protect students’ interests are directed at the courses that flout the laws. The courses lose their academic value because of the laws. The students are left without any protection. A course that had secured the approval of the MOHE and which assured students of its standing is suddenly found to be worthless and unrecognized.

This is a situation that requires official intervention. Students registering for a course offered by a legally established institution cannot be forced to gamble with the prospect of the course being accredited. They are only required to work hard to fulfill the academic requirements of the course that they have paid for. Most urgently, the officials must resolve the students’ predicament and return to them the qualification they had contracted for. Once that is done, they must act against the institution concerned for any breach of the laws and finally, proceed to alter the laws as they now stand.

The students concerned may be facing a situation where the provisional accreditation has been nullified or withdrawn. Alternatively, the situation may be that the institution concerned failed to obtain full accreditation. Worse, they may have registered for a course that unknown to them was not even approved by the MOHE. All three situations leave no recourse for students to rectify the problem, and it is grossly unfair that those who were intended to be protected by the laws are the victims of those same laws. Neither legislation - Act 555 dealing with the approval of courses nor the MQA Act 2007 regulating the accreditation processes - protect the interests of students when institutions flout the laws.

Accreditation is only valid from the date it is given by the MQA, which means that students who have completed their course may still be left with an unaccredited programme, even if the course is accredited in the future. The quickest way to deal with the students’ predicament is to look closely at the exemption powers given to the minister by Act 555 and the MQA Act 2007, or even more expeditiously through a resolution of the MQA Council. If the authorities are not willing to take this step, the only other way to resolve the issue is through legislation, which drastic step, it is suggested,  may not be required in this case. The problem is not intractable. The interests of students are paramount. The reputation of the country as an educational hub must be protected.


Monday, 5 July 2021

Academics under Covid Fatigue

 

By the Espact Team

I write this in admiration, respect, and on behalf of my many friends who are still actively carrying out their duties in private universities and colleges. They have worked against a confusing background of policies made and not made and policies made only to be changed. My friends and others have worked hard to discharge their contractual obligations deeply aware of their moral obligations to their students. During these past 18 months, they have worked, against the uncertain official policies mentioned earlier and the ambivalent responses from their institutions. They are all affected by fatigue created as much by the additional and different kinds of work they are required to produce in these difficult times, as by the confusion shown by officials in handling the current situation. The recurring complaints include a lack of institutional understanding of online processes and flowing from that, an absence of any useful guidelines issued to staff or students about the academic expectations in the new forum. General directions are issued to the academics to go online without anyone monitoring the impact of the online mode of instruction on teachers or students. Nor are there policies developed in the institution to align teaching and assessments in the online or an investigation of either process. There is no mitigation of the traditional chores of academics, but only the addition of new tasks in the new environment. For example, teachers are expected to ‘mark’ papers online, but no adjustments are made to the modes of assessment or time given to the staff to complete the marking. Regular faculty meetings to discuss the difficulties, if they had been held over the last 18 months would have helped, some of them say, but there have only been directions to comply without caring to examine the difficulties of compliance.

It has not helped that many institutions are in the dark about handling the situation. No one, to my knowledge, has organized any course to help staff cope with the current situation. Nor has there been any formal discussion on how the future of higher education is to be handled. The MOHE and the MQA must take responsibility for these processes but both agencies have been sitting on their hands. Institutions, hoping for more effective guidance from them have failed to receive any. Even pleas for help made to individuals have also brought little results.

I think we must face the prospect that the processes of higher education that we have grown up with are no longer sustainable in an environment that has been violently altered by the pandemic. In law, the concept of force majeure is a disruptive force that is unforeseen that fundamentally alters the obligations of parties under a contract. What was agreed to be done in a particular manner based on certain assumptions can no longer be done in that agreed manner because of unforeseen disruptions of those assumptions. When the Suez Canal was closed in the 1950s because of hostilities along the canal, shippers’ obligation to deliver cargo within a stipulated time estimated on the assumption that carriage will be through the canal, could no longer hold. Nevertheless, the carriage had to be completed, even if it meant that the carriers would have to take the longer route around the Cape of Good Hope.

Higher education regulators and providers must take a different route in delivering higher education. However, unlike the shippers in the Suez Canal situation, the hope for higher education may not lie in a longer route but a shorter one. This is a time to rethink higher education by jettisoning the trash, the debris, the bran, and the banter of courses that serve no purpose in education at the higher level. Maintain the ballast but review the cargo. It is time to reassess the number of subjects that are forced down the gullets of students and the mandated duration of the certificate, diploma, and degree courses. The suspensions forced on us by the pandemic give us the respite to think through the future. The city of Wuhan in China built a makeshift emergency hospital to treat patients infected with the coronavirus in just 10 days. Makeshift must not be regarded as a derogatory term in times like this.

We have no choice because, if as experts say the pandemic will be with us in different degrees for at least another five years, the future we must worry about is already with us. More productive and purposeful engagement between regulators, institutions, staff, and students must start now.

Wednesday, 19 June 2019

Reform and its Proponents

The New Government's promise to reform education took off in earnest this year with a flurry of activities centered around a number of committees that were formed to look into this and that in education. In higher education, the focus appears to be on the harmonization of the public and private sectors of higher education. The plurality of views on this issue come from different directions. From the top, the proposals are about autonomy, academic freedom and the freeing of universities from government control. From the other end, the concerns are more pedestrian, more practical, if you like. Issues like teaching permit, the speeding of bureaucratic processes and lesser control of the academic processes have been raised by representatives of the private sector. Surprisingly, I have not heard of any discussions on the harmonization of language policies across the sectors.

The opinions and 'findings' so far published only tinker with the issues. Any real proposal to harmonize the two sectors must examine the reasons for the division of the higher education sector and more importantly the root policies that forced that division. There is a serious misunderstanding underlying current discussions which is that the private sector was created by and for the well-to-do in our society and has no place for the poor. This is an inaccurate way to describe the origins of the private sector which evolved to meet the needs of a large section of our population that could not find its way into public sector institutions.

The main issue in higher education, which has always been controversial and constituted a large chunk of the political fodder for the racial polemics of this country is ACCESS to higher education. Any move towards harmonization must first deal with that very, very important issue. With over 800 post-school institutions in the country, we can no longer hide behind capacity issues. A fair and progressive approach to providing educational opportunities to all will ensure harmonization. Without a fair policy on access, nothing will really be harmonized, let alone reformed.

Friday, 14 June 2019

Acceptance of Additional Languages in Higher Education – A Positive Turn to Multilingualism


Private higher educational institutions (PHEIs) in the country may soon be able to deliver their courses in more than one language with the approval of the Ministry of Education (MOE). This new policy is stated in a recent MOE circular that was sent to PHEIs asking them for their comments on a proposed set of standards and criteria that would be applied for the approval of additional languages.

The MOE’s move on additional language is about the most progressive step that it has taken since the inception of the Private Higher Educational Institutions Act 1996. The Act enforced the official National Language policy but allowed institutions established under the Act to conduct their courses in a language other than the national language. The original provision in 1996 allowed the Minister to approve the teaching of a course of study in English or teach Islamic religion in Arabic. In 2009, the law was changed to allow private institutions to conduct a course of study in any other language it deems appropriate subject to the approval of the Minister. The statutory concession on the National Language requirement imposed on institutions an obligation to teach the National Language as a compulsory language to students who followed a course of study or a substantial part of a course of study in a language other than the National Language.

 The politics of language in the country never allowed our rich diversity in language and culture to surface as valuable assets in our educational settings. Language use in education, instead of being decided by teachers and educationists, is always determined by politicians and sometimes by the courts. The highest court in the land did not have the mettle to separate language use in higher education from the politics of education - I refer to the Merdeka University case that was heard in 1981. It actually left higher education in disarray, forcing public universities to surreptitiously use English. The language problem continues to beset education and retard development at all levels. Language is one of the factors that divide the educational sector.

There is therefore much to rejoice in the new policy on the use of a second or additional language to deliver courses in private higher educational institutions. The decision creates the space to develop a multilingual system of higher education that will also help to build and maintain local cultures and languages. More than that, being situated under the great shade of China and Mandarin and amidst other great Asian languages, the new policy will create opportunities for the private sector to explore new ways to link with higher educational demands in the region.

The Ministry of Education must be complimented for this bold new move.

Tuesday, 11 June 2019

Classification of Institutions Under the Private Higher Educational Institutions Act 1996

The Private Higher Educational Institutions Act 1996 (the Act) defined all institutions established under its provisions as private higher educational institutions.

The Private Higher Educational Institutions (Amendment) Act 2017 introduced definitions for colleges and foreign branch campuses that are established under the Act. With the new definitions added by the Amendment Act, PHEIs now fall into six categories, namely; colleges, universities, university colleges, branch campuses of private universities and private university colleges, branch campuses of foreign universities and branch colleges.

The Amendment Act defines ‘College’ as a private higher educational institution without the status of a University, University or University College or a foreign branch campus.’
The ‘Foreign branch campus’ is defined as ‘a branch of a foreign University or University College that is established’ under the Act. The Act makes no further reference to a foreign branch campus in any of its provisions. Neither are there any provisions in the Act to determine what would constitute a branch campus of a foreign university or for the need by the parent university to acknowledge its relationship with the foreign branch campus. The Act does not stipulate criteria to qualify as a foreign branch campus, except to include foreign branch campus in the general definition of a private higher educational institution as shown in the last paragraph. There are also no express provisions in the Act that classify the foreign branch campus as a university. The Act defines University and University College as a private higher educational institution conferred with the status of a University or University. This is probably only an oversight. In any case, the university status of the foreign branch campus may be implied from the definition of College and the provisions of section 21 and section 44 of the Act. The latter section, as amended, reads as follows;
“Award of degree
44. No private higher educational institution may award a degree unless such private higher educational institution is a University or a University College or a foreign branch campus.”(Emphasis added).
The Amendment Act redefines ‘University and University College’ as ‘a private higher educational institution conferred with the status of a University or University College under s. 21’ of the Act. The definition before the amendment was, ‘“University” and “University College” mean a private higher educational institution conferred with the status of a University or University College under section 21, and include such private higher educational institution which is affiliated to a University or University College whether within or outside Malaysia, conferred with the status of a University or a University College.’ It is doubtful if s. 21 of the Act confers the status of university on any institution. A literal interpretation of the section only requires ‘prior approval of the Minister’ to be obtained for the establishment of a private higher educational institution with the status of a university, which is the same requirement for the establishment of any private higher educational institution under s. 6 of the Act. The Act does not empower the Minister to confer any status on the institutions whose establishment he approves. The Minister’s role in the establishment of any type of private higher educational institution is limited to approving the establishment and no more. The decision to establish a university or college or any other institution recognised by the Act is on the applicant.
All private higher educational institutions, whether university or college, fall within the general definition of a private higher educational institution under the Act and they are all, without exception, subject to all the provisions of the Act. (s. 23 of the Act).
‘Private higher educational institution’ is now redefined as ‘. . .  an organization or educational institution, including a University or a University College or a foreign branch campus or College’, approved and registered under this Act, which is not established or maintained by the Government.’
With one exception, the Act is the only regulatory instrument that permits the establishment of a higher educational institution that is not established and maintained by the government. The exception, is an institution established under s. 5A (2) of the Universities and University Colleges Act 1971 (UUCA). Under that subsection, the Yang di-Pertuan Agong may, on the advice of the Minister, by order published in the Gazette, authorize the establishment of any higher educational institution having the status of a University, whatever its name or style, if he is satisfied that it is expedient in the national interest that such higher educational institution should be established. There is an important difference in the process and status of a university that is created under s. 5A (2) and universities that are created under the provisions of s. 6, which is how all public universities are created under the UUCA.
Under s. 6(1) of the UUCA, the Yang di-Pertuan Agong may, on the advice of the Minister, by order published in the Gazette, authorize the establishment of any higher educational institution having the status of a University, whatever its name or style, if he is satisfied that it is expedient in the national interest that such higher educational institution should be established.
Section 7(1) of the same Act then provides that ‘upon the coming into force of the Incorporation Order made under section 6, a higher educational institution having the status of a University, with the name and style assigned to it by the Order, shall be deemed to have been established, and by which name the Chancellor, the Vice-Chancellor and the members for the time being of the Board and the Senate shall be deemed to have been constituted a body corporate’ with all the attendant powers of a corporation. The establishment of the university and the incorporation of the university are contemporaneous processes under the UUCA.
In the case of universities created under s. 5A (2) of the UUCA, the Yang di-Pertuan Agong only ‘authorizes the establishment of any higher educational institution having the status of a University, whatever its name or style’. The authorization does not incorporate the university, only that it may be established. This by itself would not have prevented the university established under 5A (2) from being established and maintained by the Government. However, s. 5A (1) expressly declares that the provisions of UUCA shall not apply to any higher educational institution with the status of a University which is authorized to be established under subsection 5A (2). The result of this provision is that a university established under 5A (2) is excluded from those provisions of the Act dealing with Grants in Aid from the Parliament and other privileges in respect of establishing a campus or acquiring land for the purposes of the university.  What is unusual in all this is that the university created under s. 5A (2) is placed in a limbo between the UUCA and the Private Higher Educational Institutions Act 1996 because neither Act applies to it.
Apart from the unusual case of the university formed under 5A (2), the Universities and University Colleges Act 1971 is a template legislation for the establishment of public universities and university colleges. But not all government-funded universities are established under the UUCA. Government funded universities are also established through special Acts of Parliament, as is the case with the University Institute Technology Mara (UiTM).
Other than universities and university colleges, public-funded higher education institutions include polytechnics, community colleges, teacher training institutes and scores of colleges.

Friday, 7 June 2019

Reform of Education A Reason To Start Blogging Again

Have been away too long.

Maybe now is a good time now to start again with all the talk and plans to reform education in the country. The new government that came into power in May 2018 promised a reform of the education sector. One year down, the talk continues but there is very little to show by way action or any clear direction that will be taken. One, rather easy problem that has been a bugbear of the national education system is the recognition of the UEC examinations for admission to higher education. The qualification is a long-respected HE qualification recognized by almost all countries that have educational systems like ours, but the UEC is not recognized by local public universities. Recognition of this qualification whose legitimacy springs from the same source of law as other local qualifications should never have been an issue, but it has become a political issue gluing our feet to inaction.

Turning to other matters in higher education, there have been suggestions to harmonize the private and public sectors. Focus is on the two main legislation on higher education, the Universities and University Colleges Act 1971 and the Private Higher Educational Institutions Act 1996. How this will be achieved and whether the differentiation will be maintained between the public and private sectors are some of the issues that will be covered here.

So, as with all journeys, I hope this is an auspicious time to start and that I will have the fortitude and stamina to continue.