Establishment of Non-State Higher Educational Institutes

Outcome of the Open Discussion Forum Organized by

National Movement to Protect Free Education in Sri Lanka Convener: Ven. Dambara Amila
on 2nd December 2011 at National Library

Definition for Higher Education Institutes

Non-State Higher Educational Institution means a non-State organization which is registered as a Non-State Higher Educational Institution under section 37 of this Act. The provisions of the Universities Act No 16 of 1978 shall not apply to or in respect of any non-state higher educational Institution registered under this Act. Page 42 Higher Educational Institute shall have the same meaning as given to that expression by the Universities Act, No 16 of 1978 and includes a Non-State Higher Educational Institution. Page 43

An Act to Establish the:

(1) Sri Lanka Qualifications Framework, Quality Assurance and Accreditation Board
and

(2) the Non-State Higher Education Council and Non- state Organizations and Institutions as Higher Educational Institutions and the Regulation of their Activities

Establishment of Sri Lanka Qualifications Framework, Quality Assurance and Accreditation Board
It is referred to as Board hereafter Board Shall be the National qualification framework quality assurance and accreditation authority for higher education in Sri Lanka

Higher Education means any academic study course or other studies provided in conventional or open and distance learning modes or blended modes of learning, leading to the award of any certificate, Diploma or degree or an equivalent thereof:

Sri Lanka Qualifications Framework, Quality Assurance and Accreditation Board

National Universities

Non-State Higher Educational Institutions

Composition of the BOARD

The Board shall consist of following members appointed by the Minister (Minister in Charge of the Subject of Higher Education) 1.One (01) member possessing the high academic qualifications who shall be the Chairman of the Board 2. Three (03) members holding a high academic post in any higher educational Institution, who have distinguished themselves in quality assurance in higher education

Composition of the BOARD

The following Ex-Officio Members: 1. Secretary/Ministry of In-charge of the subject of higher education or his nominee; 2. Chairman of University Grant Commission 3. Chairman of Committee of Vic Chancellors and Directors (CVCD) or his Nominee 4. Director General of the Sri Lanka Institute of Advance Technological Education or nominee 5. Chairman of Tertiary and Vocational Education Commission or nominee 6. President of Institute of Engineers, Sri Lanka 7. President of the Sri Lanka Medical Council

Abstract of the Composition of BOARD

4 members appointed by the Minister 7 members of Ex-Officio 1 CVCD (is not a legal body) 4 political appointees 2 (Chairmen of Professional Organizations) Total 11

Functions and Duties of the Board

1. Assess and monitor the educational quality and standards of all the higher Educational Institutions, courses offered by such Institutions and of the Teachers and other academic staff of those Institutions: 2. Evaluate from time to time the quality and the grade of all higher educational Institutions: 3. Recommended to the Ministry of the Minister, the Higher Educational Institutions which has reached the required standard for accreditation and make known such recommendations to all relevant authorities and to the public.

Functions and Duties of the Board contd.

4. Evaluate foreign degrees, diplomas and other academic distinctions for the purpose of recognition of such degrees, diplomas and distinctions by the Ministry of Minister; 5. Make recommendation to facilitate mobility and progress in higher education and in carrier pathways to be make available to students of higher education 6.Make recommendation on comparing qualifications offered by different Higher Education Institutions:

Functions and Duties of the Board contd.

7. Make Recommendation on the Appropriate qualification Framework levels of higher education and vocational training programmes offered by different Higher Educational Institutes; 8. Make Rules in respect matters for which rules are required to be made under this Part of this Act; 9. Perform and discharge such other duties and functions as may be assigned to the Board by regulations made in that behalf.

Agencies
The Board shall have two agencies, namely; 1.Qualifications Frame work Agency and 2. Quality Assurance and Accreditation Agency

Powers of the Board

Directions by Minister The Minister may give to the Council such directions non inconsistent with the provisions of this Act, in connection with the exercise, performance and discharge of its powers, duties and functions under this Act or any other written law, as the minister may consider necessary and the Council shall be required to give effect to all such directions given by the Minister.

Establishment of Non-State Higher Educational Institutions

Council There shall be established a council to be called and known as the Council for NonState Higher Educational Institutions (hereafter referred as Council)

Eligibility and Application for Registration

1. Non-State organization or Institution shall be eligible to apply to be registered as non-state higher educational Institution under subsection (1) of sections 35, where such organization or Institution: (a)Is registered
(i) As a Company, under Companies Act, no 7 of 2007 or (ii) As a training institute, under the Board of Investment Law, No 4 of 1978 and

Eligibility and Application for Registration contd

(b) Satisfy the academic standards specified and set out by the Quality Assurance and Accreditation Agency under paragraph (b) of section 14 and complies with such requirements that may be prescribed for the purpose under section 45 of this Act. 2. A non-state Organization or Institution which seeks to provide higher education shall be required to make an application to be registered under subsection (1) of section 35:
(a) Through the CEO accompanied by Prescribed fee

Composition of the COUNCIL

The Council consists of the following members appointed by the Minister with the Concurrence of the President

1.Two members (02) to be the Chairman and the Vice Chairman respectively of the Council, from among persons possessing high academic qualifications; 2.Two members (02) represent registered Non-state Higher Educational Institutions and 3.Three (03) members selected from statutory organizations or institutions representing the fields or Medicine, Engineering or Accountancy or any other fields

Composition of the COUNCIL contd.

The following Ex-Officio Members: 1.Secretary/Ministry of In-charge of the subject of higher education or his nominee; (01) 2.Secretary/Ministry of In-charge of the subject of Finance or his nominee; (01) 3. Chairman of University Grant Commission (01) 4. Chairman/Director General of the Sri Lanka Institute of Advance Technological Education (01) 5. Chairman of Tertiary and Vocational Education Commission or nominee (01) 6. Chairman/Director General of the Sri Lanka qualification Framework, quality assurance and accreditation Board established by section 2 of this Act

Abstract of the Composition of the COUNCIL

2 members Chairman, vice Chairman appointed by the minister 2 members from non- State organizations 3 members from statutory bodies 6 Ex-officio Total = 13

Duties of the Council

1. Register any non-state organization or Institutions which either directly or indirectly, offer services relating to or connected with providing higher education 2. Regulate functions and activities of non-state higher educational Institutions 3. Encourage, promote and facilitate the development of Non-state higher education sector

Duties of the Council contd..

4. Design and implement or support the implementation of quality assurance, certification and accretation schemes and other measures in liaison with the Sri Lanka Qualification Framework, Quality Assurance and Accreditation Board Established by Section 2 of his Act 5. Advice the government and an national policies and regulation of matters pertaining to higher education on generally and to implement any national policies relating to the provision of higher education by persons regulated under this Act

Duties of the Council contd..

6. Perform and discharge such other duties and functions as may be conferred upon the Council by or under this Act or by any other written Law

Audit of Accounts No.16 of University Act:

The Commission shall have its accounts audited each year by the Auditor General. Auditor General shall examine the accounts of the Commission and furnish a report Auditor General shall transmit his report to the UGC Statement of accounts, will be tabled at the Parliament by the Minister

Audit of Accounts No.16 of University Act in 1978:

Provisions of the article 154 of the Constitution relating to the Audit of the accounts of the public corporations shall apply to the audit of the accounts of the council. The provisions of Part II of the Finance Act, No 38 of 1971, shall mutatis mutandis, shall apply to and in respect of the financial control of the Council.

General Comments
1' fuu.ska rdcH Yaj d, fldgia jYfhka fm!oa.,slrKh lsrSu idOdrKSlrKh flf 2' National universities are in danger because of lack of funds allocated from the government (well below the 6% GDP standard imposed by the UNESCO) 3'

With the aim and objectives of the Quality Assurance and Accreditation Board, 1. Demand driven courses (Engineering, Medicine, Accounts) are in danger because of there is tendency to recruit such academics from the national university system to Non-state universities. 2. Other courses in real danger because the Board has all the power to recommend the minister to stop teaching these courses. (history, archaeology, etc.)