Tie, F. H. (2012). Asian educational systems. Volume 1 of Balancing Freedom, Autonomy, and Accountability in Education, edited by C. L. Glenn and J. De Groof (265-275).
Wolf Legal Publishers, Tilburg, NL.
Introduction.
The education systems of a few Asian nations—specifically, China, India, Indonesia, Korea, Malaysia, and Singapore—are covered in this chapter. In these nations, it is acknowledged that everyone has the fundamental right to an education. The national constitution, which is a part of federal law, contains it. The nations discussed in this chapter appear to have complied with their commitment to respect children's right to an education.
This chapter looks at a number of topics, including how the national education system is run, how schools are structured, the legal environment, the freedom to start private schools, homeschooling, family income and school choice, the unique characteristics of each system, how students are admitted, how staffing decisions are made, who is responsible for the quality of the schools, and how values are taught in the classroom.
The Management Of The Educational System.
In all of the nations, the government has almost total control over the
school system. It plans, chooses, and directs the policies and course of the educational systems. The national schools are additionally fully funded by the government. As a result, all of the countries share the centralization of their educational systems. This causes bureaucratization, which has certain advantages including the capacity for quicker decision-making. However, centralization and bureaucratization have detrimental repercussions. It promotes passivity and stifles both creativity and innovation. In order to get over these restrictions, some nations have started the decentralisation process.In order to get over these restrictions, some nations have started the decentralisation process. Some have given schools more discretion in decision-making. As a whole, centralised
As the government seemed hesitant to pursue complete decentralisation of its educational system, decentralisation has become the norm.
The State Council and local people's governments at all levels are empowered to direct and manage the educational system in China thanks to the Education Law of the People's Republic of China. The State Council's administrative educational departments are in charge of overseeing the general planning, coordination, and management of educational activities. The primary administrative authority in charge of education is the Ministry of Education. In compulsory education, local government plays a significant role, and decision-making in the field of education has become more decentralised.
In India, both the federal and state governments are accountable for funding education. The central government establishes the educational policies, plans, and maintains the standards. Primary education was prioritised nationally and made accessible to all people under the National Education Policies of 1968 and 1986. Similar to this, in Indonesia, both official and informal education is provided through the Ministry of National Education. On the other hand, Japan's national government, the Ministry of Home Affairs, and centralization have all undergone modernization.
The Republic of Korea's education system was incredibly centralised and regulated up until the 1990s. The Ministry of Education, Science, and Technology developed and carried out the education policies under a centralised system of governance. Reforms in education were put into place in the middle of the 1990s to boost the nation's standing abroad. A set of recommendations for educational reform known as the Establishment of a New Education System towards Edutopia were released in May 1995. The school system has undergone some decentralisation efforts.
Malaysia's educational system is similarly very centralised. All national schools are funded by the federal government, and the Ministry of Education establishes the policies. In Singapore, the Ministry of Education establishes the goals and policies for the educational system.
Basic Education.
The typical structure of education in the majority of Asian nations is 6-3-2-2. Typically, a youngster begins school at the age of seven. At the primary level, schooling lasts for six years. Three years of lower secondary education, two years of upper secondary education, and two years of pre-university education come next. For instance, in Japan, primary school is free and required, but kindergarten is not.
Children who have parents who can afford to send them to kindergarten get a head start. The majority of nations require parents to enrol their children in basic school. Primary education is required, and parents who don't enrol their kids in school risk being fined. In Korea, elementary education is free and required, although primary through middle school education is free and required in rural areas. The government makes sure that every child has access to free elementary education in both Malaysia and Singapore.
The Laws Governing Education.
Every nation has a well-established legal structure that oversees its educational system. To control the expansion and improvement of the educational system, laws and regulations have been put in place. In China, the People's Republic of China Constitution outlines the rules for the management and administration of the educational system while defending the citizens' educational rights and obligations. The provisions of the People's Republic of China's Education Law were centred on how education contributed to the development of socialist modernisation in the country.Education aimed to advance nationalism, collectivism, socialism, morality, order, and ethnic harmony. Equal educational opportunities and the right to an education are duties that all citizens have.
Other laws governing education include the People's Republic of China's Compulsory Education Law, which established a nine-year compulsory education programme, the People's Republic of China's Teacher Law, which outlines the duties and responsibilities of teachers, and the People's Republic of China's Private Education Promotion Law, which establishes the legal obligations of privately run schools.
In contrast, the Indian Constitution calls for equal participation from the federal and state governments in the formulation of educational policies. However, the national government sets the country's educational policies, and the state governments implement them. The National Policy on Education of 1986 sets forth the educational policies. It concentrated on giving everyone access to equal educational opportunities. Education is now a right under the 2009 Right of the Child to Free and Compulsory Education Act.
In a similar vein, everyone in Indonesia is guaranteed the right to education in the 1945 Constitution. The legal framework for educational goals, objectives, and plans is established by the Law on the National Education System of 2003. This is comparable to Japan, where the Constitution of Japan provides that every child has the right to an equal education. The School Education Law outlines the general requirements of school education, as well as the purposes and courses of schools, prerequisites for entrance, and duties of school employees. The Fundamental Law of Education outlines the fundamental goals and general principles of education.The state and local public entities' responsibilities for promoting private schools are outlined in the Private School Law.
The National Government Organization Law, the Local Autonomy Law, the Finance Law, the National Public Service Personnel Law, and the Local Public Service Personnel Law are some additional laws that are not specifically related to education but have an impact on school administration, finances, and personnel. The Enforcement Regulation of the School Education Law (ministerial ordinance), the Enforcement Order of the School Education Law (cabinet ordinance), and the standards for establishing schools at each level from kindergarten to university are some further examples of regulations (ministerial ordinance).
The right to an education is a fundamental one, according to the Korean Constitution. The rights to freedom and welfare are both included in the right to education. Education freedom entails ensuring that all people have equal access to education and prohibiting unjustifiable barriers to that education. Parents are entitled to choose the child's school. On the other side, the right to welfare refers to the ability to ask the government for assistance with basic needs. The fundamentals of Korean education law are also outlined in the constitution. The guarantee of equal educational opportunities based on ability is the first constitutional principle (Constitution Article 31 Section 1). The second tenet of the constitution emphasises the independence, professionalism, and objectivity of educators (Constitution Article 31 Section 4).The Basic Education Act is the main piece of legislation that controls education and specifies the obligations of those involved in education. Education is required by the Elementary and Secondary Education Act. The Act governs principal and teacher certification, promotes student autonomy, and ensures that due process is followed when dealing with disciplinary issues.
Both the Federal Constitution and the Education Act of 1996 in Malaysia contain clauses that govern the nation's educational system. Professional administrative letters covering further topics such school safety, corporal punishment, classroom discipline, and student attendance are issued by the Ministry of Education.
The Public Officers Regulation (Conduct and Discipline) (Chapter "D") General Orders 1993 governs the professional conduct and discipline of civil officials, including public school instructors.
Freedom To Open Private Schools.
Some nations permit the establishment of private schools. These institutions are typically private schools run by the private sector without any financial assistance from the state.
Non-state schools are typically referred to as private schools. Non-state schools are those that receive funding from sources other than the government, according to China's Private Education Promotion Law of the People's Republic of China. people, non-governmental
It is permitted for organizations and groups to establish these schools. There are very few of these schools, though. The Indian Constitution allows for the establishment of private schools. Government-aided private schools that are approved by the government and schools that are not approved by the government make up the two categories of schools. Citizens may form private educational institutions, according to the constitution.
In Indonesia, there is flexibility to establish private schools. However, the central or local government must issue these schools with a license. According to Japan's Private School Law, anyone wishing to operate a private school must first create a school corporation. He or she needs the Minister of Education's blessing.
Similar laws and rules that apply to public and national schools must also apply to private schools. Curriculum, teacher credentials, and facility upkeep are all included in this.
Private schools and alternative schools are the two forms of non-state schools in Korea. Only the provincial superintendent can authorize the opening of a private school. According to Article 3 of the Elementary and Secondary Education Decree, applicants must provide documentation outlining the school's objective, how it will be carried out, the facilities it needs, and how it plans to acquire them.
With the Minister of Education's consent, private businesses and organizations are permitted to open non-state schools in Malaysia. In particular, they must adhere to the national curriculum, language-of-instruction regulations, and student preparation for the required public tests as outlined in the Education Act of 1996. The rules that govern non-state schools' educational standards are likewise established by the Ministry of Education.
Homeschooling.
Some nations permit home education. It is growing more significant in several regions of India. There isn't currently a regulation in place to control home education. However, kids adhere to the state-set curriculum. The Education (Amendment) Act of 2012 in Malaysia mandates that parents enroll their children in school. The Minister of Education, however, has the option to exempt parents from this rule. If a child is academically extremely endowed, physically challenged, the available schools cannot meet this demand, or if family members often go overseas, parents may request for this exemption. Children who are homeschooled must adhere to the national curriculum.
The Compulsory Education Act in Singapore permits homeschooling of children. Parents in Singapore must submit an application to the Ministry of Education and meet the requirements of the Compulsory Education Act, same like in Malaysia. If the home-based curriculum satisfies the two requirements of compulsory education—(a) a common core of knowledge that serves as a foundation for further education and training toward a knowledge-based economy; and (b) a common educational experience that fosters national identity and cohesion—the Ministry of Education will grant the exemption.
Homeschooling is a relatively young practice in Indonesia. Homeschooling is governed by the clause in the National Education System of 2003's section on informal education. Families of the upper middle class to high class enjoy it.
In nations like Japan, China, and Korea, homeschooling is forbidden by the ministry of education.In Japan, the definition of "schools" excludes "home schools," and parents are required to send their children to school. In China, homeschooling is likewise not permitted. According to the Compulsory Education Law, it is the responsibility of the community, schools, and families to guarantee children's right to compulsory education. The Elementary and Secondary Education Act of Korea imposes a similar requirement on parents to send their kids to school. There has been an upsurge in home educating even though it is not permitted in Korea and is sanctioned with a fine.
Education And Household Income.
Greater-income families frequently send their kids to "key schools" in China and other Asian nations where the standard of instruction, faculty, principals, and facilities is higher. In India, parents are responsible for paying for textbooks, uniforms, and other educational supplies after the middle school level. Governments at the provincial and federal levels provide financial aid to children who are members of the economically and socially disadvantaged category. The Indonesian Constitution's article on fundamental human rights grants the right to select any school. The education legislation guarantees access to education without regard to gender, non-discrimination, equality of opportunity, and equity in education.
Public and national compulsory education schools in Japan offer free instruction up to the upper secondary level. Municipal boards, however, decide which school a child in a municipality attends. There are defined zones for students' attendance at schools, and parents are required to enroll their kids there. On the other side, family income limits the number of elementary school options in Korea. Based on their residence, kids attend public elementary schools. The choice of the students' school is made by lottery.
In Malaysia, all kids have access to free public primary education. The number of options for schools in public schools is not influenced by family income. However, there are few high-achieving public elementary schools left, therefore there is a limited amount of school choice.
Free universal education is available in Singapore. The government-run and government-aided primary schools do not charge tuition. To cover the expense of the students' use of the educational resources, some fees are gathered. For kids from low-income households, the Ministry of Education Financial Assistance Scheme waived this other fee. Additionally, there are numerous programs to aid pupils from lower-income households.
Unique Features Of Schools.
Mandarin and the local tongue of the ethnic minority are used in bilingual education in China. This protects ethnic minorities' right to speak their own language in elementary and secondary schools. Mandarin, an ethnic minority language, and a foreign language are all included in trilingual education.
The Indonesian Education Law aims to instill in young people morals, character development, learning to live together, respect for human rights, and unity. However, in Japan, the communities and schools have more power to decide on issues pertaining to the institution and the curriculum.
These schools are permitted to offer programs that deviate from the standards set by the government. Religious education can be taught at private schools, which have more freedom than public institutions.
Enrollment Of Students.
In China, admittance to primary schools is based on the resident registration system. Depending on where they are from, different children attend the school.
from. If students choose a school outside of the registration region, they must pay a school option fee. Similar to other nations, India imposes fees on pupils who choose to enrol in private schools. Children's schools in Japan are chosen through the residential 'zoning' procedure. Admission to public secondary schools is determined by the outcomes of tests.
In Indonesia, there is a quota system that prioritises first-come, first-served admission. The top kids went to the prestigious state and private schools.
The equity-driven strategy in Korea, however, restricts the number of educational options. Only a few private elementary schools and high schools with specialised programmes have the ability to admit students.
The Process Of Finding And Hiring Instructors.
There are two types of teachers in China: (a) those employed by the government in public schools, and (b) those employed by the local community in non-state institutions.
The rules governing the hiring of teachers are set by the government. The 1995 Chinese Teacher Qualification Regulations contain a description of it. After completing the teacher training programme, a teacher is hired under the permanent system.
In India, the states hire teachers for public schools and have the authority to fire them in times of financial hardship. On the other hand, the three organisations that employ teachers in Indonesia are the central government, the district government, and the private school foundations. A four-year degree or an undergraduate degree from a reputable university are prerequisites for the teacher certification programme. Senior instructors enrol in a portfolio-based teacher certification programme, whilst junior teachers undertake a two-semester teacher training programme.
Both public and private school teachers in Korea must complete a teacher training programme before beginning their careers. Teachers in public schools must pass the tests. The hiring and firing of teachers in public schools is the responsibility of the provincial department of education. Private schools receive instructor recommendations from university academics.
Monitoring Educational Standards.
Every nation has put in place a system to keep an eye on the standard of education in the classrooms. Most schools employ an inspectorate to perform inspections and offer guidance on quality control in the classroom. In China, the Instructors Law establishes the minimal 10 degree requirements for teachers at each level of education, while the State Education Inspectionate oversees national educational inspection.
On the other side, the Inspectorate of Schools in Malaysia visits schools to monitor and guarantee the quality of the educational system, specifically teaching and learning. The Ministry of Education in Singapore, however, employs a more thorough strategy and annually checks the finances of every school. Additionally, it evaluates schools every three years. Organizational characteristics including planning, teaching and learning, leadership, and academic results are evaluated. Secondary schools are also rated and assessed in order to increase public accountability.
Educating Students About Values.
Nearly all nations understand how crucial it is to instill values in young people.
In Indian schools, students are taught universal social and moral principles, as well as national and cultural values and values education. While moral education is offered in Japanese schools, civic and religious education are significant subjects in Indonesian classrooms. Muslim students in Malaysia study Islamic studies, whereas non-Muslim students study moral education.
In contrast, it is prohibited for public schools in Korea to teach religion or religious principles because doing so would be seen as going against the country's goal of religious equality.
Marxist philosophy and Marxism-Leninism-Mao Zedong thinking are required courses in China.
Conclusion.
Each of the nations examined in this chapter has a well-established legal structure that governs its educational system. There are further laws that further regulate the educational system, such as education acts.
Every nation has a ministry of education responsible for creating, carrying out, and overseeing educational policies. Attempts have also been made to provide schools more discretion in their decision-making. However, it seems that centralised decentralisation is a typical feature.
Overall, there were more parallels than differences in the administration of the various national education systems, schooling structures, creation of non-state schools, homeschooling, school choice, student admittance, school quality, and teaching ideals in schools.