Two MOHE Officials Who Made a Difference

 

Educational Malpractice

Educational malpractice, which is an offshoot of professional malpractice is a concept that has not taken root in the domain of education. What it involves is an assertion of professional negligence or the failure to provide services to a standard that can reasonably be expected. It assumes that the actors in the domain of education, like their professional counterparts elsewhere, must function to known or accepted standards and a deviation from those standards would impose liability on them if damages result from such deviations. Courts in all jurisdictions have been slow or reluctant to find teachers, officials, regulatory authorities, or institutions liable. This has been the position especially in cases where the allegations have been about unsatisfactory education or education that was alleged not to satisfy the expectations of students or their parents. Judges refuse to attempt to be educators. They abjure any knowledge or skills in education which they say is the province of teachers and institutions. Another reason they have often alluded to is the very nature of education. Unlike other professional services education relies on the active participation of the client-student over whose make-up and conduct are largely outside the institution’s control.

But the situation is changing. With more regulatory control and the statutory prescription of standards on institutions and teachers such as the minimum standards set by the Malaysian Qualifications Agency (MQA), courts now have more purchase on how education is programmed through curricula and even about how teaching is conducted or has to be conducted. Such published objective criteria may allay the reluctance of the courts, which means that education providers may have a new regulatory force to deal with. In 2012, the High Court in Terengganu had cause to thoroughly examine educational plagiarism and concluded with the opinion that if the student is guilty of plagiarism in her thesis, the thesis supervisor must also bear part of the responsibility for the student’s action.

Educational malpractice suits may equally be brought by staff against institutions and vice-versa. The earlier post describes a situation that could well have resulted in an action by the staff against the institution.

Disrupting School - Every Man's Foul Sport

The interference with the management of schools continues apace with those transgressing the sacred space showing no respect or understanding of the policies or objectives of the educational system.

The latest incursion objecting to simple decorations in a school in Puchong for the Chinese New Year celebration shows how out of touch these warriors of spurious causes are with the great efforts that have gone into building our educational system.

One of the main thrusts of educational policies has been, from the time of independence, to promote an educational system that that is ‘acceptable to all the people of the Federation as a whole which will satisfy their needs and promote their cultural, social, economic and political development as a nation’. (Report of the Education Committee 1956.)

Large sums of money were expended in developing a national curriculum for schools. Even more money was spent on developing a Blueprint for Education to chart the development of schools for the next, at least 10 years. Nowhere in these documents is there a concern that a celebration of the festivals of the people of this country would pollute the minds of the young or lead them away for the religious path that is ordained by parents of the children who attend the schools.

The Education Blueprint 2013-2025, which is the most significant review of education after the 1956 Report declares unity as one of the five aspirations of reform.

The Blueprint’s vision of unity is expressed in terms that go beyond just bringing people together. Diversity is the education itself. And it is an enriching education that is built on diversity.

“As students spend over a quarter of their time in school from the ages of 7 to 17, schools are in a key position to foster unity. Through interacting with individuals from a range of socioeconomic, religious, and ethnic backgrounds, students learn to understand, accept, and embrace differences. This creates a shared set of experiences and aspirations to build Malaysia’s future on. The Ministry aspires to create a system where students have opportunities to build these shared experiences and aspirations that form the foundation for unity.” (Education Blueprint 2013-2025)

Puerile protests about simple matters as celebratory decorations in schools offend these policies and do great harm to the educational process. They have no knowledge of policies on education or the important role schools play in developing the young.

Our schools are being made the battleground for every rabid idea in society about the purpose of schools. There seems to be no end to the way our schools are abused. It also appears that there are too many people who have no gainful ways to spend their time are camping outside the schools to disturb the purpose of schools with their tedious complaints about how schools threaten everything from God to the way food is eaten in school canteens.

Religion and Education - Policies out of Sync

The education ministry’s recent circular permitting and supporting a religious group to carry out preaching activities in educational institutions once again shows that the ministry is not a reliable agency to deal with national education. Policies are made on the run.

They are not supported with authoritative advice or with findings from research, especially in areas such as religion in education.

There is no consultation with parents.

Or teachers.

Or the public.

They flout the very principles of education they are supposed to defend. Policies have become the whims and fancies of those who have the power to make rules. They appear not to realize the lifelong impact their policies have on children and the harm they will do them and the future of this country if policies are not carefully made.

Education is not the personal fief of the minister or any of its officials, whatever their rank. Their first duty is to observe and comply with the laws that created their office and their functions. The laws have established two national councils to consider and advise on policies on education. The Minister and the ministry have a legal duty to process policies such as this through those councils. Instead, they proceed as authoritarians as if they have a personal right over such issues as the proselytization of religion in educational institutions.

National unity, equality of access to education, the equal treatment of all citizens are some of the objectives of national education. How are these objectives served by the ministry’s circular on religious proselytism in educational institutions? 

If religion is an important part of education (there is a body of research that supports this), then why are the other religions not taught and preached. If the education ministry is only concerned with one section of the students, who are expected to care for the others?

The ministry cannot blow hot and cold on these policies and not expect

to lose their credibility as stewards of national education.