Lecture 1 sgdu 6043 - legal aspects in educational management
This document discusses legal aspects in educational management that school administrators need to be aware of. It notes that headmasters, teachers, and other staff are often unaware of existing laws and regulations regarding education, such as the Education Act, Education Ordinance, and professional circulars from the Ministry of Education dealing with issues like student discipline, security, and co-curricular activities. The document recommends that educational leaders attend short courses to better understand legal implications and take proper legal action when laws and regulations are violated. It also suggests reading court cases related to education laws to avoid potential lawsuits from parents and students regarding issues of discipline, school rules, and negligence.
Lecture 1 sgdu 6043 - legal aspects in educational management
- 1. Centre of Educational Studies and Modern Languages, CAS, UUM SGDU 6043 LEGAL ASPECTS IN EDUCATIONAL MANAGEMENT Lecturer : Dato’ Abd Rahman bin Yop
- 2. Introduction to Legal Aspects in Educational Management Are we aware of Legal Aspects in Education and their Implications?
- 3. Headmasters, Senior Assistants and teachers are exposed to situations that lead to violation of laws and regulations, such as Education Act, Education Ordinances, Education Regulations and Professional (Ikhtisas) Circulars. • School as loco parentis • Existing regulations – school uniform • Discipline regulations • Co-curriculum, etc.
- 4. Not aware of the existence of educational laws, Ordinance, Act. • Education Ordinance, 1957 • Education Act, 1961 • Education Act, 1996 • Education (National Curriculum) Regulation 1997 • Education (Parent-Teacher Association) Regulation 1998 • Education (Students Discipline) Regulation 1959
- 5. Professional Circulars from the Ministry of Education • Security of students • Cleanliness • Discipline – gangsterism • Co-curricular activities
- 6. Laxity in the enforcement of these laws • Do not know how to exercise the law • Do not know how to take legal action to those who are contravening to the laws and regulations. • Ignorance of rules and regulations • Not exposed • No directives
- 7. Head masters / principals and teachers should : 1. understand legal implications of wrong action. 2. Attend short courses. 3. Ministry of Education or Education Department should provide short courses on laws and regulations. 4. Read court cases related to education laws and regulations and discuss with their counterparts.
- 8. Court cases related to education A) Discipline Dismissal of student (Mahadevan v. Anandarajan (1970) Serban (Turban) Case. B) School Rules Meor Atiqurrahman v. Fatimah bte Sihi (Serban case)
- 9. C) Negligence • What is negligence in education? • Cases of negligence Zazlin Zahira v. Luise Marie Ambrose Chen Soon Lee v. Chong Voo Pin Yogeswari Nadarajah v. Govt. of Malaysia Jumat bin Mahmud v. Govt. of Malaysia Mohd. Raihan v. Govt. of Malaysia
- 10. D) Administrative law – Public service Loot Ting Yee v. Wilayah Persekutuan Director of Education - To avoid from being sued by parents and students