Section 2
In this Act, unless the context otherwise requires—
“age”, in relation to a pupil, means the age attained by the pupil on the first day of the first month of the school year in question;
“appointed date” means the date of coming into force of this Act;
“approved fees” means fees approved by the Minister;
“Assistant Registrar” means an Assistant Registrar of Educational
Institutions or Assistant Registrar of Teachers, as the case may be, appointed under subsection 5(3);
“capital grant” means a payment from public funds to an educational institution for—
(a)
the provision of buildings;
(b)
the alteration to or extension of existing premises;
(c)
the provision of furniture or equipment for new, altered or extended premises; or
(d)
such other purposes as may be prescribed;
“Chief Inspector” means the Chief Inspector of Schools appointed under subsection 6(1);
“Chinese language” means the form of the Chinese language commonly known as Mandarin;
“compulsory education” means primary education which is prescribed to be compulsory education under subsection 29A(1);
“correspondence” means correspondence delivered by hand or by post;
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“correspondence school” means an organization or institution providing instruction or teaching by means of correspondence;
“Director of Education” means a Director of Education of a State or
Federal Territory appointed under section 4;
“Director General” means the Director General of Education appointed under section 3;
“distance education centre” means a place, an organization or an institution providing instruction or teaching—
(a)
exclusively through the medium of electronics;
(b)
exclusively through correspondence;
(c)
partly through the medium of electronics and partly through correspondence or other methods of instruction; or
(d)
partly through the medium of electronics and partly through correspondence and other methods of instruction;
“Education Officer”, in relation to a district or an area, means an education officer appointed under paragraph 4(b);
“Education Service” means a public service under paragraph (h) of
Clause (1) of Article 132 of the Federal Constitution;
“educational institution” means a school or any other place where, in the carrying on of the work of an organization or institution, persons are habitually taught, whether in one or more classes, and includes a kindergarten and a distance education centre but does not include—
(a)
any place where the teaching is confined exclusively to the teaching of any religion; or
(b)
any place declared by the Minister by notification in the
Gazette not to be an educational institution for the purposes of this Act;
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“employee” means a person employed by a board of governors, other than a governor, a teacher or such other person as may be appointed or nominated by the Minister under subsection 58(2) or 61(2), as the case may be, employed or actively taking part in work connected with the running or the administration of an educational institution;
“extension education” means a full-time or part-time education for persons who are not following the usual course of study at an educational institution;
“government school” or “government educational institution” means a school or an educational institution established and fully maintained by the Minister under Part IV;
“government-aided school” or “government-aided educational institution” means a school or an educational institution in receipt of capital grant and full grant-in-aid;
“governor” means a person who is empowered under an instrument of government to administer or manage an educational institution;
“grant-in-aid” means any payment from public funds, other than a capital grant, made to an educational institution;
“higher education” means education provided by a higher educational institution;
“higher educational institution” means an educational institution providing higher education leading to the award of a diploma, degree or the equivalent thereof;
“institute of teacher education” means an educational institution providing teacher education leading to the award of a certificate, a diploma, a teaching degree or the equivalent thereof, or any other qualification as prescribed;
“instrument of government” means an instrument of government as specified in section 53;
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“kindergarten” means any place where pre-school education is provided to ten or more pupils;
“lower secondary education” means a three-year course appropriate for a pupil who has completed primary education;
“National Curriculum” means such curriculum as may be prescribed;
“national language” means the Malay language as stipulated in
Article 152 of the Federal Constitution;
“national school” means a government or government-aided primary school—
(a)
providing primary education appropriate for pupils from the age of six years;
(b)
using the national language as the main medium of instruction;
(c)
in which the English language is a compulsory subject of instruction; and
(d)
in which facilities for the teaching of—
(i)
the Chinese or Tamil language shall be made available if the parents of at least fifteen pupils in the school so request; and
(ii)
indigenous languages shall be made available if it is reasonable and practicable so to do and if the parents of at least fifteen pupils in the school so request;
“national secondary school” means a government or government-aided secondary school—
(a)
providing a five-year course of secondary education appropriate for pupils who have just completed primary education;
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(b)
using the national language as the main medium of instruction;
(c)
in which the English language is a compulsory subject of instruction;
(d)
in which facilities for the teaching of—
(i)
the Chinese or Tamil language shall be made available if the parents of at least fifteen pupils in the school so request;
(ii)
indigenous languages shall be made available if it is reasonable and practicable so to do and if the parents of at least fifteen pupils in the school so request; and
(iii)
Arabic, Japanese, German or French or any other foreign language may be made available if it is reasonable and practicable so to do; and
(e)
preparing pupils for such examinations as may be prescribed, and includes any such school providing a transition class;
“national-type school” means a government or government-aided primary school—
(a)
providing primary education appropriate for pupils from the age of six years;
(b)
using the Chinese or Tamil language as the main medium of instruction; and
(c)
in which the national and English languages are compulsory subjects of instruction;
“parent” includes a guardian and any person who has the legal or actual control of a pupil;
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“place” means any place, whether public or private;
“post-secondary education” means education provided to a person who has completed upper secondary education, but does not include higher education;
“pre-school curriculum” means the National Pre-school Curriculum prescribed by the Minister under section 22;
“pre-school education” means an educational programme for pupils from the ages of four to six years;
“premises” means any building used as an educational institution and includes any building for the purpose of providing accommodation and other facilities for pupils and staff of the institution but does not include any land occupied therewith;
“prescribed” means prescribed by regulations made under this Act;
“primary education” means a course of study at primary level which is designed for a duration of six years but which may be completed within five to seven years;
“primary school” means a school providing primary education appropriate for pupils from the age of six years;
“private school” or “private educational institution” means a school or an educational institution which is not a government or government-aided school or educational institution;
“pupil” means a person of any age for whom education or training is being provided in an educational institution;
“registered teacher” means any teacher registered under this Act;
“Registrar” means the Registrar Educational Institutions and
Teachers appointed under subsection 5(3) and includes the Registrar
General;
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“Registrar General” means the Registrar General of Educational
Institutions and Teachers appointed under subsection 5(1), and includes the Deputy Registrar General of Educational Institutions and
Teachers appointed under subsection 5(2);
“school” means a place where ten or more persons are habitually taught whether in one or more classes, but does not include any place where the teaching is confined exclusively to the teaching of any religion;
“secondary education” means education comprising lower secondary and upper secondary education;
“secondary school” means a school providing secondary education appropriate for a pupil who has just completed primary education;
“special education” means education that caters for pupils with special needs;
“special school” means a school providing special education as prescribed by regulations made under section 41;
“State Authority” means the Ruler or Yang di-Pertua Negeri of a
State and, in the case of a Federal Territory, the Yang di-Pertuan
Agong;
“teacher” means a person who—
(a)
teaches pupils in an educational institution; or
(b)
prepares or issues lessons or corrects returned answers in, for or through a distance education centre, and includes a head teacher or principal;
“transition class” means a class in a secondary school providing one year of instruction to pupils from a primary school using a language other than the national language as the medium of instruction prior to the commencement of the lower secondary education;
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“upper secondary education” means education suitable to the abilities and aptitudes of a pupil who has completed lower secondary education;
“vocational college” means an educational institution established and fully maintained by the Minister under section 33A;
“Vocational College Standard Curriculum” means the Vocational
College Standard Curriculum prescribed under section 33B.