Criteria for Obtaining an Education License
To obtain this license from the Registrar General, you will need to meet the following criteria under Section 84:
- Your premise must meet all the prescribed health and safety standards.
- The name of the institution must not be improper or undesirable.
- The area you intend to open your institution must not have too many other existing schools or centres nearby.
- Your institution must not be used for “a purpose detrimental to the interests of Malaysia, the public or the pupils.”
- Your registration form must not contain any false or misleading information.
- The person you appoint as the chairman of the board of governors or head of the teachers in your school must be suitable for the position.
Employees in the Education Institution Must Be Registered
Section 88 of the Malaysia Education Act also requires that any employee of an educational institution must be registered with the Ministry of Education. This includes any person who is acting as a governor of the school.
If your educational institution hires any employee who is not properly licensed or registered with the Ministry of Education, you could be held liable. The penalty for this offense could be a penalty of RM30,000 and/or up to 2-years in prison. Therefore, it is important to ensure that your employees have the necessary legal requirements needed to work at your educational institution. When dealing with employment agencies to source your candidates, be sure to conduct a thorough background check.
Other Important Key Facts About Education and Schooling in Malaysia
Malaysian children who are at least 6-years old on the 1st of January will be required to attend primary school. This is a mandatory requirement made compulsory by Section 29A(2) of the law.
Section 29A(2) of the act states in very clear terms that “a parent who contravenes subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding RM5,000 or to imprisonment for a term not exceeding 6-months or both.”
Therefore, not only do parents in Malaysia have to ensure that they children are enrolled in school according to the law, but they have to ensure that the schools are not illegally run schools too. Foreign investors who intend to start a business in this sector must take note of these requirements.
The Ministry of Education is urging these institutions – or anyone who intends to set up such an institution in Malaysia as a business – to be registered and comply with the guidelines. If the private school (or schools involved in the private education sector) intends to run an international curriculum like the IGCSE for example, they must register themselves as an international school.
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