National Policies

on
Special Education
 Table of contents

Education Act 1996 Education Act Amendment

1 2 2002

Education Regulation On Professional Rights

3 Special Education 4
01 Education Act 1996
• Education Act 1996 is Malaysian Laws and guidelines for education matter
starting from the first stage of education to tertiary education. It is the
continuous act from Education Act 1961

• The aim of the Education Act 1996 are to further consolidate the national
education system for the generation in accordance with the country's
aspiration of making Malaysia the center of excellence for education and to
outline the legislation related to education

• 3 categories of educational institutions in the National Education System

method
o Government Educational Institution
o Government-aided Educational Institution
o Private Educational Institution
 The National Education System shall comprise...
PRE-SCHOOL
EDUCATION
educational programme for
pupils from the ages of four
to si years
POST SECONDARY
EDUCATION
education provided to a person
who has completed upper
secondary education, but does
not include higher education
PRIMARY
SECONDARY SCHOOL
EDUCATION
EDUCATION
course of study at primary level
which is designed for a duration of a school providing secondary
education appropriate for a pupil
si years but which may be
completed within five to seven years who has just completed primary
education
HIGHER SPECIAL
EDUCATION EDUCATION
Education that caters for
education provided by a higher
the special educational
educational institution
needs of pupils
 Minister to provide special education

• The Minister shall provide special education in special schools established in such primary or
secondary schools as the Minister deems expedient

• Power to prescribe the duration of and curriculum on special education.

1. The Minister may by regulations prescribe:-

o the duration of primary and secondary education suitable to the needs of a pupil in
receipt of special education

o the curriculum to be used in respect of special education

o the categories of pupils requiring special education and the methods appropriate
for the education of pupils in each category of special schools

o any other matter which the Minister deems expedient or necessary for the
purposes of this Chapter
 Minister to provide special education

2. The duration prescribed by the Minister shall not be less than the
minimum duration for primary or secondary education, as the case
may be, provided for under this Act

3. The curriculum prescribed shall comply with the requirements of

the National Curriculum in so far as it is reasonably practicable
 Education Rules

For the implementation purpose, the Ministry of Education has

enacted the rules of Education (Special Education) 1997.

1. Rules of Education (Special Education) 1997 should be started

on 1st January 1998
2. ‘Murid-murid bekeperluan khas’ means those who are having
hearing impairment and learning disabilities
 Education Rules

‘Program Pendidikan Khas’ means:-

- a programme provided at certain schools for those who are
having visual and hearing impairment.
- A combination programme at school for those wh are having
visual, and hearing impairment or learning disabilities or
- An inclusive programme for special needs students who are
able to join class with the rest of normal students.
 Education Rules

All Special Needs Students are able to register at Government

Institution and Government-aided Instution, EXCEPT:-

● Physical disabilities but mentally able to learn as normal

students
● Students who are having critical disabilities or ‘terencat akal’
 Education Rules
• All Special Needs Students are able to register at Government Institution and
Government-aided Instution, if:-

1. The students are able to manage her/himself without dependence to

others

2. He/She was confirmed by doctor or authorities that they are able to join
national education programmme
• In order to implement the curriculum od Special Education, the teachers can
modify teaching and learning technique, time and activities arrangement just to
achieve the aim and goals of Special Education
2 Education Act Amendment 2002

• The act which amends the Education Act 1996

o [Date of Assent: 13 August 2002]

o [Operative Date: 13 August 2002]

• Be it enacted by The Queen's Most Excellent Majesty, by

and with the advice and consent of the Senate and the
House of Assembly of Bermuda, and by the authority of
the same.
 Content
• In 2002, the Education Act 1996 was amended by inserting a new section, which
stipulates the implementation of compulsory primary education in 2003

• Every parent who is a Malaysian citizen must ensure that if his child has attained
the age of six years on the first day of January in the current school year the child
is registered as a primary school pupil in that year and continues to be a primary
school pupil throughout the period

• Legal action will be taken against parents who do not implement

compulsory education at the primary level.
o Penalty-Fined not exceeding RM 5000 or
imprisoned not more than 6 months or both
 Objective
to prevent students from dropping out and came into effect
“Dropout” means a person who does not attend compulsory
in January 2003.
education at school or a pupil who is absent from school for a period
exceeding three consecutive days, but does not include a pupil who
is absent from school due to truancy, health problems or has been
exempted by the Minister under subsection 29A (3) from pursuing
compulsory education
 start Flow chart of the dropout investigation process
ACTION
IMPLEMENTATION ACTIVITIES - Investigate the case
school
Receive complaints of dropouts and - Provide reports of dropouts
conduct investigations. - Create **JPMC School, if necessary

The headmaster solved the case - Distributing educational assistance

*special case - Provide counseling services
- Extend special cases
no
Receive a copy of the complaint/report
PPD/PPG from the school - Take action to help resolve the case
- Establish District/Combined JPMC, if
necessary

no
Receive a copy of the complaint from - Take action to help resolve the case
JPN
the school/PPD/PPG - Establish a State JPMC, if
necessary
yes

no
Receive complaints/reports from schools - Distributing financial assistance
KPM - Submit investigation papers and
evidence to PUU to take legal action
done - Establish JPMC KPM, if necessary
3 Education Regulation on Special Education

Education for All Handicapped Children Act

Special Education Act 1997, was the special education law directed at students with physical and
mental disabilities. The law stated that public schools must provide children with special needs
with the same opportunities for education as other children

The mission of this act was to:-

o make special education services accessible to children with special
needs

o maintain fair and appropriate services for disabled students

o endow federal resources to public schools for the education

of disabled students
 Education Assistance

Education shall be provided free of charge, whenever possible, taking

into account the financial resources of the parents or others caring for
the child, and shall be designed to ensure that the disabled child has
effective access to and receives education, training, health care
services, rehabilitation services, preparation for employment and
recreation opportunities in a manner conducive to the child’s
achieving the fullest possible social integration and individual
development
 No Child Left Behind

The Convention on the Rights of the Child (CRC) which is reserved

by the Government, emphasises the principle of non-discrimination
which requires the government to ensure that necessary steps are
taken to eliminate discrimination and safeguard equality in areas
including education. Arguably, children with disabilities, among
others, are at a greater risk of being discriminated on basis of their
disabilities. Barriers, be they infrastructures or other
instrumentalities, that restrict their access to education violate the
children with disabilities’ right to education
 Education Act 2013

In 2013, the Education (Special Education) Regulations 1997 has

been replaced by the Education (Special Education) Regulations
2013 due to its controversial requirements. The 2013 Regulation
requires a 3 months probationary period for children with disabilities
before they can be admitted into the Special Education Programme.
However, this requirement is seen to have the same effect as
previous controversial 1997 Regulations in which only children with
disabilities who are "educable" are eligible to enrol into Special
Education Programme.43 Therefore, their educational right still not
be fully protected under the Education Act 1996 and its Regulations.
 Malaysia Plan of Action For Person With Disabilities

The Malaysian Plan of Action for Persons with Disabilities is in line with "Incheon Strategy" time and
also in line with the 11th Malaysian Plan (RMK-11).44 This National Plan sets out the strategies to
implement the provisions of the Persons With Disabilities Act 2008 and includes strategies for
persons with disabilities to advocacy, access to education, health services and others. Nevertheless,
this National Plan is lacking full commitment from the parties involved since no timelines were given
for the implementation of this policy and no clear ministries and departments should be responsible
for each of the outcomes of this policy.45 So, this policy is not easy to be executed due to these
reasons and therefore, the educational right of children with disabilities cannot be protected
effectively.
4 Professional Rights

• Professional rights are principles that govern the behaviour of a person

or group in a business environment

• Professional rights also provide the ethics or rules on how a person should
act towards other people and institutions in such an environment
 Professional Organizations for Special
Education Teachers

•
01
It exists to support the needs of disabled individuals

• The main purpose: to provide support and education opportunities for special education
teachers

• Educators pay an annual fee to access publications, networking opportunities, and

continuing education classes

• It also offers a certification program for educators who want to specialize in special
education
 02
Professional Organizations for Special
NATIONAL ASSOCIATION OF SPECIAL
EducationTEACHERS
EDUCATION Teachers(NASET)
• The most important professional association for special education teachers

• MAIN PURPOSE: supporting educator in the special needs field

• Dedicated solely to meeting the needs of special education teachers and those
preparing for the field of special education teaching

• It also offering professional resources for teachers, such as : a reference library,

an app, conference opportunities and special education board certification
requirements

• Offer recognition and awards for excellence to special education teachers

 Professional Organizations for
03
SpecialTHE
Education
COUNCILTeachers
FOR EXCEPTIONAL CHILDREN (CEC)

• Known as the largest international professional organization dedicated to improve

the educational success of individuals with disabilities or gifts and special talents

• MAIN PURPOSE: increase the opportunities that children and youth with disabilities
or special gifts and talents have to achieve educational success

• Effort: provide as many resources as possible for educators such as:

a. an overview of special education legislation around the world
b. special education teaching curriculums
c. workshops, and online courses

• Improve professional standards and have the best teaching practice

 Professional Legal Duties
The Individuals with Disabilities Education Act (IDEA)
1
• Identifies the basic rights of students with disabilities
• Ensure that no individual is discriminated against in the school environment due to their disability

Individualized Education Program (IEP)

2 • Individual students who have special needs due to a disability deserve individualized attention
• For example, Anita has a hearing problem and requires an educational plan that ensure her ability
to hear lessons, CDs
●

A non-discriminatory evaluation
3 • All students with disabilities have the right to an objective evaluation setting
• For example: Anita takes a listening exam, which accommodates her hearing problem and she’s
evaluated using the same criteria as her non-hearing-impaired peers
 Professional Legal Duties

4 The right to due process

• The need to follow a specific legal procedure when an individual files a complaint
• For example, Anita’s parents believe that their daughter was treated unfairly during an exam due to
her hearing problem. Their complain must be addressed during the due process hearing

A least restrictive environment

5 • Ensures that students with disabilities receive the best accommodations to help them overcome their
difficulties
• For example, Allow Anita to sit closer to a listening device when necessary to turn the volume up for
her ●

Inclusion of parents or legal guardians

6 • Parents or legal guardians of students with disabilities must be involved in decisions affecting their
children
• For example, Anita school has a new policy for students with hearing problem. Therefore Anita’s
parents have the right to receive complete and timely information regarding the new policy
 Professional Legal Duties
04 The right to due
process
05
A least
restrictive
environment
● The need to follow a
specific legal procedure ● Ensures that
when an individual files students with
a complaint disabilities receive
● For example: Anita's the best
parents believe that accommodations to
their daughter was help them overcome
treated unfairly during their difficulties.
an exam due to her ● Example: Allow Anita
hearing problems. to sit closer to a
● Their complaint must be listening device when
addressed during the necessary to turn
due process hearing the volume up for
her.
06
Inclusion of parents
or legal guardians
● Parents or legal guardians
of students with disabilities
must be involved in
decisions affecting their
children.
● For example, say that
Anita's school has a new
policy for students with
hearing problems.
● Inthis case, Anita's parents
have the right to receive
complete and timely
information regarding the
new policy.
 References
1. Laura, K. (2021, March 18). 5 Important Special Education Laws. Masters in Special
Education Degree Program Guide |.
https://www.masters-in-special-education.com/lists/5-important-special-education-law s/.
2. Suhakam. (2015). The right to education for children with learning disabilities: focusing on primary
education. Human Rights Commission of Malaysia.
3. https://planipolis.iiep.unesco.org/sites/default/files/ressources/malaysia_education_ac t_1996.pdf
4. https://jamalit.tripod.com/akta_pendidikan.htm
5. http://www.polisas.edu.my/portalpkp/images/stories/Mqa/Akta550.pdf
6. https://www.slideshare.net/Zalinalina1/akta-aktapendidikankha