Basic Education Law

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Basic Education Law

(Pyidaungsu Hluttaw Law No. 34 of 2019)

1381 14th day of Nataw La San

(December 10, 2019)

The Pyidaungsu Hluttaw enacted this law.

Chapter I
Name and definition

1. This law shall be called the Basic Education Law.

2. The wording of this law shall be the same as the wording of the National Education Law. In addition, the following expressions shall have the following meanings:

(a) Council means the Basic Education Council formed under this Law;

(b) Department means the Department of Basic Education;

(c) Relevant Department means the Department assigned by the relevant Ministry to carry out basic education activities;

(d) Office means the Township Education Office; District Education Office; Region or State Education Office and Union Area Education Office;

(e) Education means the process of developing people's knowledge, skills and attitudes;

(f) Student means a person who is learning the knowledge and skills prescribed at the basic education level. Skills refer to all those who learn skills and attitudes in accordance with the learning methods.

(g) Lifelong education means education implemented through a variety of learning programs, including out-of-school education, to meet the needs of students who are unable to continue their education.

(h) Internal quality assurance means the quality rating and assurance of quality assurance work carried out by professional staff within the department.

(i) External quality assurance means the quality rating and guarantee of quality assurance work carried out by outside experts.

(j) Curriculum Framework means content of a comprehensive framework for teaching and learning methods and proficiency tests curriculum learning areas; Background reasons for choosing; Goals and results; Curriculum.

(k) A learner-centered approach is a teaching-learning process in which teachers use a variety of effective approaches to support student-teacher development through positive teacher-student relationships.

(l) Basic education school means a school that provides education in accordance with the national education curriculum standards approved for all levels of the basic education system.

(m) Government school means a school established by the government to teach the basic education that is inclusive and provides equal opportunities in accordance with the national education curriculum standards approved for all levels of the basic education system.

(n) Private or private school means a private or private basic education school officially registered in accordance with the relevant law.

(o) Monastic school means a school established by monks or nuns to teach in accordance with the curriculum prescribed for each level of basic education prescribed by the Ministry with the approval of the Central Committee for Supervision of Monastic Education.

(p) A good learning environment means an environment that fosters a successful learning environment by creating conducive conditions for the physical and academic development of the school in implementing multidisciplinary education of students.

Chapter II
Objectives of basic education

3.  The goals of basic education are as follows:

(a)  every school-age child should be able to complete basic education.

(b)  to be able to think and think critically according to the level of basic education and to be endowed with five powers.

(c)  People's Rights; A sense of responsibility and respect for the rule of law in accordance with democratic practices and human rights standards; To be responsible;

(d)  To be open-minded and cooperative and creative.

(e)  Language of ethnic nationalities developed in the spirit of the Union; Literature Culture; Art To be a citizen who can value, preserve and pass on traditions and heritage and pass them on.

(e)  The language of the national races developed by the spirit of the Union; Literature Culture; Art To be a citizen who can value, preserve and pass on traditions and heritage and pass them on.

(f)  Knowledge of cherishing and protecting the environment and sustainable development; To be able to pass on skills;

(g)  To create a good international standard academic environment and to improve the quality of teaching and learning through the effective use of modern technology.

(h)  To develop physically and mentally fit by participating in sports and physical education activities and school health activities.

(i)  To have a good foundation for technical and vocational education and higher education;

(j)  Either individually or collectively. To understand the differences in society and to value equality and to practice the basic principles of peace.

Chapter III
Principles of basic education

4.  The basic principles of basic education are as follows:

(a)  Every citizen has the right to receive the education in accordance with the birthright of citizens;

(b)  Inclusive education at all levels of basic education for all school-age children and young people who have been unable to attend school for various reasons, including those with disabilities, special education program, access to basic education in either formal or non-formal education through lifelong learning and special education services;

(c)  Implementing free and compulsory primary education and expanding it step by step;

(d)  Implementing a quality assurance system in accordance with the curriculum standards set by the basic education level and grade level;

(e)  The race, nationality, and ethnicity of the learner in the study of education, religion status, culture, gender, poverty, wealth, non-discrimination, including disability;

(f)  Every learner is full of Union spirit and the language of all ethnic nationalities. Literature Culture; Love and respect for art and tradition; Development of national values ​​based on values, including a desire to promote historical heritage and environmental protection;

(g)  Systematically implement the teaching and learning process with effective teaching methods, including a learner-centered approach in the basic education sector;

(h)  Opportunities for the development of good learning habits; Creating a learning environment that includes a library and safe learning classrooms.

(i)  Implementing and continuously evaluating the education indicators systematically.

(j)  Implementing the decentralized basic education system in collaboration with the Region or State Governments;

(k)  Improving the quality of teachers for the implementation and development of students to become good human beings who are fully developed in all aspects;

(l)  Parent-Teacher Association for the Development of Basic Education Quality; School Agency Involve students, parents or guardians and community organizations;

(m)  Basic education strategies; Policies and implementation plans; Education development projects; Laws related to education; Continue to provide information to the public on other procedures;

(n)  Coordinating with the teacher education sector to train teachers for the basic education sector;

(o)  For the development of school education and non-formal education activities, domestic and foreign, government and non-governmental organizations, Implementing joint ventures with the private sector in accordance with the law;

(p)  Implementing a co-curricular education program to facilitate the transition between school education and non-formal education;

(q)  Government schools for basic education; Standards and procedures for co-curricular education should be developed by the relevant committees and agencies to facilitate the transition between other schools and educational programs. Coordination with VOs;

(r)  Supporting access to self-study opportunities;

(s)  Emphasizing the quality and social life of all education staff;

(t)  To systematically pay attention to research and development activities in basic education.

Chapter IV
Basic education levels; Determining classes and types of schools

5.  (a)  Basic education shall be carried out for a total of 12 years after the completion of kindergarten education.

(b)  The levels and grades of basic education carried out under sub-section (a) are as follows:

(i)  Primary education from first grade to fifth grade;

(ii)  Secondary education from sixth grade to ninth grade;

(iii)  Tenth grade; Eighth grade Higher education, including twelfth grade.

6.  Basic education schools are defined as follows:

(a)  Basic education primary school with kindergarten and primary level;

(b)  Kindergarten, Primary school with primary and secondary level or basic education middle school with only secondary level;

(c)  Kindergarten, Primary level, Basic education high school with middle and high school level or basic education high school with only middle and high school level or high school with only high school level;

(d)  School designated from time to time as required.

7.  In accordance with the provisions of section 5, the following schools shall be classified as types of schools with basic education level and grades:

(a)  Government schools;

(b)  Government-sponsored schools;

(c)  Schools owned by local organizations;

(d)  Private or private schools;

(e)  Monastic schools;

(f)  Charity schools;

(g)  Special education program schools;

(h)  Mobile and emergency schools;

(i)  Schools designated from time to time by the Ministry or the relevant Ministry.

8.  The Ministry shall act in accordance with the stipulations of the Council for the transfer of communication between government schools and other schools under section 7.

Chapter V
Establishment and responsibilities of the Basic Education Council

9.  The government:

(a)  The Basic Education Council shall be formed as follows for the implementation of the objectives and provisions of this Law:

(1)
Union Minister, Ministry of Education
Chairman
(2)
Deputy Minister, Ministry of Education
Vice Chairman
(3)

Region or State Governments’ Ministers

Member
(4)
In-charge of Education, Nay Pyi Taw Councilor
Member
(5)
Representatives from relevant ministries
Member
(6)

Representatives from the Leading Body of the Self-Administered Division or  Self-Administered Area

Member
(7)
No more than five basic education professionals
Member
(8)

No more than three representatives from basic education civil society organizations

Member
(9)

Representatives of no more than five basic education teachers

Member
(10)
Director General Department of Basic Education
Secretary

(b)  The Council formed under sub-section (a) may be amended if necessary.

(c)  The term of the Council is five years.

10.  The Government shall determine the remuneration and expenses of the non-civil service council members.

11.  The Council shall perform the following duties:

(a)  Relevant Ministries in relation to the following activities in implementing the basic education activities; Coordination with organizations:

(i)  to be relevant to various sectors such as higher education and non-formal education, technical and vocational education in basic education and teacher education;

(ii)  universal access to education;

(iii)  implementing free and compulsory education prescribed by the State;

(iv)  implement mobile and emergency schools as special education services.

(b)  opening of primary schools, supervise upgrades and downgrades in accordance with the policy of the National Education Policy Commission;

(c)  enforcing the quality standards of basic education schools in accordance with the standards set by the National Education Standards and Quality Assurance Assessment Committee;

(d)  coordinating with the Ministry for the qualifications of teachers to be appointed in basic education schools;

(e)  supervising the effective implementation of the curriculum prescribed by the Ministry with the approval of the National Curriculum Committee;

(f)  reviewing, overseeing and amending the curriculum prescribed by the Ministry;

(g)  coordinating with the Region or State Governments as necessary the formation of curriculum groups at the Region or State level;

(h)  completion of basic education for all school-age children, coordinating with Region or State Governments and Nay Pyi Taw Council as required;

(i)  prescribing the proficiency test or assessment method for communication between government schools and other schools under section 7.

12.  The Council may, as necessary, form committees and committees to determine the responsibilities and powers of the Board of Directors in order to carry out the duties and responsibilities under section 11 effectively.

Chapter VI
Establishment of Basic Education Curriculum, Textbook Committee and Textbook

13. The Ministry:

(a) The Basic Education Curriculum and Textbook Committee shall be formed with The Director General of the Department of Planning and Training as the Chairman, the Director General of the Audit Department of Myanmar as the Vice-Chairmen representatives from ministries and departments in the relevant ministries, subject matter experts; teachers' representatives; curriculum experts, educational researcher,  and ethnic language experts as committee members;.

(b) The remuneration and expenses of the non-civil service basic education curriculum and textbook committee members shall be submitted to the Cabinet for determination.

14. The Ministry shall be responsible for the language and culture of the ethnic nationalities in the regions or states. Literature To develop arts and culture and ethnic unity; The basic education curriculum and textbook committee to work under the auspices of the regional or state government to develop mutual respect and assistance. Necessary support shall be provided for the approval of the National Curriculum Committee.

15. The Basic Education Curriculum and Textbook Committee is:

(a) Principles of national curriculum, Standards Basic education level curriculum framework and curriculum standards, Detailed curriculum design, The review and revision shall be submitted to the Ministry with the approval of the National Curriculum Committee.

(b) The textbooks must be scrutinized and submitted to the Ministry with the approval of the National Curriculum Committee.

(c) The literacy assessment methods shall be submitted to the Ministry with the approval of the National Education Standards and Quality Assurance Assessment Committee.

(d) With the approval of the Ministry, other necessary sub-groups may be formed, including the following sub-groups, in carrying out the curriculum and textbook functions:

(i) Sub-groups by subject or subject group;

(ii) Regional curriculum sub-groups by region or state.

(e) Curriculum and textbooks should be reviewed and revised, if necessary, with the approval of the National Curriculum Committee.

16. The Basic Education Curriculum and Textbook Committee shall ensure that the curriculum framework includes the following:

(a) the curriculum should be relevant to real life;

(b) primary level shall link to the middle and high school curricula;

(c) creating opportunities to meet local needs;

(d) to develop good human beings who can think critically, have good democratic practices and develop in all aspects.

(e) the curriculum can meet the needs of modern education and be in line with the international education curriculum.

(f) teaching Myanmar language in basic education schools.

(g) teaching English Language starting from primary education;

(h) at the basic education level, ethnic languages ​​should be used together with Myanmar language as the classroom language.

(i) the use of Myanmar and English as the language of instruction in higher education;

(j) a curriculum for Higher Education that can develop a good foundation for further technical and vocational education and training.

(k) Language of the Union Nationalities, Literature Development of arts and culture, Ethnic unity, Development of mutual respect and assistance;

(l) To be able to integrate education in accordance with the special education needs so that persons with disabilities can have access to universal education.

17. The Basic Education Curriculum and Textbook Committee shall take the following actions in defining the learning areas according to the basic education level:

(a) Language, Math Knowledge required in the fields of science and social sciences; Planning for learning to develop attitudes and skills;

(b) Arranging to learn the skills needed in the field of practical development of education for inclusive development;

(c) Arranging to learn Information and communication technology, modern technologies, including environmental sciences.

18. The Basic Education Curriculum and Textbook Committee shall consider the following criteria in selecting learning strategies:

(a) Self-participation of each student; Exploration; Thinking ability; Critical thinking; Decision-making; Implement effective learning methods, including a learner-centered approach, to develop creativity and accountability.

(b) Implementing in a way that creates a learning environment that is conducive to the holistic development of students' mental and physical condition.

19. The Basic Education Curriculum and Textbook Committee shall determine the following criteria for determining proficiency assessment:

(a) Practice assessments based on the curriculum to assess the success of learning outcomes;

(b) Systematic examination of proficiency tests and transfer tests in accordance with the examination techniques;

(c) Comply with intermediate level proficiency assessment methods at the end of intermediate and advanced level.

20. Upon completion of basic education, the Certificate of Completion shall be issued in accordance with the requirements of the National Qualifications Assessment Policy.

Chapter VII
Quality Assessment and Assurance

21  The Council, in consultation with the National Education Standards and Quality Assurance Assessment Committee in accordance with the policies set by the Commission, shall establish an internal quality assurance system for the quality assurance of all basic education levels.

22.  The National Education Standards and Quality Assurance Assessment Committee shall form and assign an organization to carry out external quality assurance assessments of primary schools.

23.  (a)  Basic education schools shall be subject to external quality assurance assessment by the National Education Standards and Quality Assurance Assessment Committee.

(b)  The National Education Standards and Quality Assurance Evaluation Committee shall send the evaluation results to the Ministry through the Commission and make arrangements for public information.

24.  The following measures must be taken to assess internal quality assurance in primary schools:

(a)  Assessment by school;

(b)  Assessment by level of basic education;

(c)  Evaluation by school quality assurance teams assigned by the relevant departments.

25.  Parents or guardians and the community have the right to be involved in the quality assessment process within the primary schools.

26.  The Department and the relevant departments shall carry out the following activities for the quality assurance within the basic education schools in accordance with the requirements of the National Education Standards and Quality Assurance Assessment Committee:

(a)  Establishing quality assessment procedures for basic education schools;

(b)  Assign internal quality assurance teams at the Region or State level, district and township levels to coordinate and guide ongoing assessments and take action on their submissions;

(c)  Supporting and establishing internal quality assurance system in basic education schools;

(d)  Implementing the continuous capacity development of the staffs who carry out internal quality assurance activities in the basic education sector;

(e)  Coordinating with offices if the external quality assurance teams request the necessary information, the basic education schools;

(f)  Cooperation with organizations for education research activities to be assisted in the study of basic education indicators based on the results of the quality assessment and to improve the quality of education; 

Chapter VIII
Basic Education Administration

27.  The Ministry and the relevant Ministries shall be responsible for the administration and supervision of their respective basic education schools in coordination with the Council.

28.  Ministries and relevant ministries have decentralized the management of the basic education sector and shifted to the central and central levels. Region State Union Territory District In townships and schools, responsibilities and decisions should be made in stages and responsibilities and responsibilities should be defined.

29.  The Ministry shall implement the basic education activities including free and compulsory education prescribed by the State. State Union Territory Coordination of activities in districts and townships; Planning; Education Committees for Support and Supervision It shall be formed in consultation with the Region or State Government.

30.  Each primary school should provide advice on improving the quality of schools; The School Management Committee is set up to support and monitor the school. Parent or guardian, Parent-Teacher Association shall be formed with the participation of school agencies and community representatives.

31.  The Ministry is responsible for Sections 29 and 30 for State Union Territory District and township education committees. The structure and responsibilities of school management committees shall be specified.

32. Departments and related departments should take the following actions to effectively manage their primary schools:

(a)  monitoring and supervising the effective implementation of the prescribed curriculum in all basic education schools;

(b)  arranging for a safe learning environment with facilities, buildings in accordance with the school quality standard framework in basic education schools;

(c)  determining the positions and responsibilities of the staff related to the basic education sector, recruitment, relocation, promotion; responsibilities required by rank, setting guidelines for accountability and sustainable capacity development, decentralization and management of hierarchical powers and responsibilities;

(d)  monitoring and evaluating the implementation of basic education level with education indicators;

(e)  from the school level to the township level for the implementation of education management and information system at District level, Region or state level, Compilation of accurate statistics under systematic supervision at Union level and Department level, procedures and publication of required audits and reports in due course;

(f)  basic education level plans and projects locally and internationally by Implementing in the collaboration with foreign organizations.

33.  The Department shall perform the following duties related to basic education schools:

(a)  Providing school supplies and supplies, including textbooks and teaching aids, to primary schools;

(b)  conducting the assessment of literacy in accordance with the policy of national level education assessment;

(c)  Coordinating with the Myanmar Audit Department in accordance with the methods of assessment and assessment of the completion of the basic education level;

(d)  Coordinating with relevant departments in accordance with the guidelines of the Council according to internal quality assessment reports and external quality assessment reports.

34  The department assigned by the Ministry shall make arrangements for the use of educational information collected by the basic education level in the Ministry of Education Management Information System on a regular basis.

35.  All managers in the primary education sector are accountable to all management, including planning. It must be based on the principles of transparency and public interest.

36.  Supervision of private or private schools and monastic schools implementing basic education shall be carried out by a supervisory body formed under the relevant law.

Chapter IX
Rights, Responsibilities, Qualifications and Capabilities of Basic Education Teachers

37.  The Council shall classify the qualifications and competencies of the teachers who will work in the primary schools according to the level of education.

38.  Teachers should be involved in activities evaluated by education administrators as part of a quality assurance process within primary schools.

39.  Teachers have the following rights:

(a)  the right to be promoted within the level of education in which he is serving if he meets the criteria;

(b)  the right to freely choose teaching methods that are consistent with the curriculum;

(c)  the right to have regular learning opportunities to enhance the performance;

(d)  the right to participate in associations and organizations formed in accordance with the existing laws;

(e)  the right to freely apply to any school or area of ​​your choice;

(f)  If teachers want to transfer from one level of education to another level, they have the right to do so if they meet the required qualifications for that level.

(g)  the right to participate and advise on educational laws and regulations, policies and  education development projects; 

40.  Teachers must perform the following responsibilities:

(a)  a sense of responsibility for one's business, a sense of responsibility to be a good example for students by working with a responsible spirit.

(b)  teaching until the completion of the prescribed curriculum during school hours and providing students with up-to-date knowledge and skills. To acquire skills and teach in accordance with learning standards;

(c)  keeping all school-age children in school; Co-operation to reduce dropout rates and increase graduation rates per grade;

(d)  to have a broad vision for the development of the State and society and to cherish and protect the practice of democracy.

(e)  teaching without emotional on students' physical trauma.

41.  The Ministry requires teachers in government schools to be qualified and educated at the level of their education. Experience Promotion based on ability and excellence; Rewards and relocations State Union Territory Divide and manage according to district and township level.

42.  Ministries and relevant ministries must create learning opportunities, including school-based teacher training programs, for the continuous development of teachers' teaching skills.

Chapter (10)
Basic education rights and responsibilities of Students, Parents and the Community

43.  Students attending elementary schools must enjoy the following opportunities:

(a)  the right to study until the completion of basic education;

(b)  the right to transfer if you want to transfer to technical and vocational schools that can be attended according to the relevant level;

(c)  scholarships and stipends shall be provided in accordance with the stipulations. Equal rights for all, regardless of religion or gender;

(d)  the right to participate in school councils and educational development associations in basic education schools.

44.  Students attending elementary schools must perform the following duties:

(a)  learning until the completion of the free and compulsory education level prescribed by the State;

(b)  every student should follow the school rules and study hard and cooperate with the public.

(c)  good morals and public rights and democratic practices; In addition to valuing human rights, A sense of responsibility Strive to be an inquisitive and open-minded person.

45.  The parent or guardian must be provided the following rights:

(a)  the right to enroll your child in any school established and opened under Section 7 of this Law if it is in accordance with the stipulations;

(b)  every school-age child has the right to cooperate with the school for educational development and school quality improvement of the basic education schools; 

(c)  the right to participate and advise on parent-teacher association activities to develop a sense of responsibility, an inquisitive and open-minded mind and for school development teach students a sense of responsibility.

46.  The parent or guardian shall perform the following duties:

(a)  enrolling their school-age children in the relevant schools for completion of basic education, to maintain school attendance and enable students to complete their education;

(b)  to ensure continuous learning opportunities and create a good learning environment to develop their children in all aspects with School Management Committee, Teachers, Parents, Teachers Association School Agency Stakeholders Cooperation with other organizations.

47.  The ward or village community has the right to cooperate by providing support and advice for school-wide development.

48.  The ward or village community is responsible for the following activities:

(a)  assisting school-age children in their community to complete basic education;

(b)  supporting the implementation of school and non-formal education in the respective community;

(c)  participating in community-based education activities to improve people's living standards and raise awareness.

Chapter XI
Finance

49.  The annual budget requirement for education activities at the kindergarten and primary level shall be submitted to the Cabinet by the Department or relevant departments through the Ministry or relevant Ministries.

50.  Department, Relevant Departments, Offices and Schools may scrutinize and accept donations or materials from local or foreign individuals or legal entities in accordance with the requirements of the Ministry and relevant ministries.

51.  Department, Relevant Departments, Offices and Schools shall:

(a)  apply existing financial regulations in the use of funds and use accounting records in accordance with the rules and regulations to make them transparent to donors and the public.

(b)  Donations or materials received under section 50 shall be used effectively for the development of the education sector.

(c)  be inspected in accordance with the stipulations of the Ministry or the relevant Ministry.

Chapter XII
General

52.  Permission to establish private or private schools and the participation of the private sector in education shall be provided in accordance with applicable laws.

53.  In implementing this law:

(a)  the Ministry and the relevant Ministries shall issue rules and regulations. Rules and regulations may be issued with the approval of the Cabinet.

(b)  Orders, Instructions and procedures of Council, Ministry, Relevant Ministry, Departments and the related departments may be issued.

54.  Rules and regulations issued in accordance with the education laws that existed before the enactment of this law, Rules and Regulations, Notifications, Orders, Directives and Procedures may continue to apply as long as they are not inconsistent with this law.

55.  The Union of Myanmar Basic Education Law 1973 (Union of Myanmar Revolutionary Council Law No. 14) is hereby repealed with this Law.


I sign in accordance with the Constitution of the Republic of the Union of Myanmar.


(Sd/-) Win Myint 

President

The Republic of the Union of Myanmar