New Regulatory Regime for Private Education Sector

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New Regulatory Regime for Private Education
Sector
Industry Briefing 17 Mar 2009, 10am
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Programme
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Role of Council for Private Education
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Role of Council for Private Education

• Raise the quality of private education sector to
  support Singapores position as a global
  education hub and complement the public education
  sector
• Oversee implementation of strategic thrusts

• 15-member pro-tem Council formed to oversee the
  transitional preparations to new regulatory regime

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New Regulatory Regime
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Regulatory Approach
Higher Standards

• Private Education Bill to enhance registration
  framework and improve its enforcement
• Voluntary certification framework, to distinguish
  higher quality players
• Independent Council for Private Education to
  oversee regulation of the private education sector

EduTrust Certification - To further raise
standards in industry
Enhanced Registration - To set minimum standards
for private education institutions (PEIs)
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Regulatory Approach

• A calibrated approach that strikes balance
  between
• Ensuring a reasonable level of standards as a
  mandatory requirement
• Encouraging players to upgrade and set higher
  standards through a voluntary scheme

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Regulatory Scope

• Coverage of PEIs with significant impact on
  Singapores reputation as a global education hub
• PEIs offering degree, diploma and full-time
  certificate programmes at post-secondary level
• PEIs offering full-time preparatory courses for
  preparing students for entrance/placement tests
  for joining mainstream schools, or for external
  examinations
• Foreign System Schools (FSS) offering full-time
  primary or secondary education wholly or
  substantially in accordance with a foreign or
  international curriculum

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Regulatory Levers

• A range of graduated measures/penalties to better
  match severity of contraventions and encourage
  compliance
• Examples

• Criminal Offences
• e.g. relating to
• Obstruction of inspection work
• Running un-registered PEIs
• Making false statements
• Failure to comply with Councils directions

• Administrative punitive measures
• Financial penalties
• Censure of the PEI
• Additional conditions for registration

• Corrective measures directions issued by
  Council
• False misleading advertisement
• Participation in dispute resolution
• Information disclosure/requisition

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Timeline and Transition

• Stakeholder/Public consultation exercise
• Public Consultation
• Focus Group Discussions
• Private Education Bill
• To be passed by Parliament in 2nd half 2009
• To give effect to new regulatory regime when
  passed

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Timeline and Transition

• Transitional period for PEIs upon commencement of
  new Act

• All PEIs transited over to new Act within
  18-month period

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Enhanced Registration Framework
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Enhanced Registration Framework
Registration Approach
Genuine Private Education Institution with
Reasonable Quality Standards
ENHANCED REGISTRATION
Corporate Governance
Quality of Provision
Enhancing Information Transparency
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Registration Approach

• Regulatory posture
• Onus on PEIs to internalise statutory obligations
• Registration on a renewable basis
• Renewal of term of registration between 1 to 6
  years
• Approach supported by
• Higher levels of monitoring

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Corporate Governance

• Managers
• Definition and restriction
• Prescribed duties and responsibilities
• Academic and Examination Board
• Requirements on members
• Prescribed duties and responsibilities

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Manager - Definition

• A manager refers to
• Sole-proprietor for a sole-proprietorship
  business
• Partners for a partnership business or
• Director or shareholder for a private limited
  company
• Director, partner or member of the committee of
  management for a body corporate (other than
  private limited company)
• Member of the committee, for an unincorporated
  association

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Manager Definition (Cont)

• A manager shall not
• be an undischarged bankrupt
• have previous criminal offences for sexual,
  child, physical, drug abuse, or act of fraud or
  dishonesty
• be a manager of a deregistered, or unregistered,
  PEI
• A manager has to declare interest in all other
  businesses

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Manager - Duties and Responsibilities

• To ensure the keeping of proper records
• To ensure that necessary efforts are made for
  affected students to complete the enrolled course
  or a similar one in another PEI in the event of
  PEI closure
• To furnish information requested by the Council
  within stipulated duration and
• To ensure that he/she is contactable by the
  regulatory authority for matters relating to
  operations of the PEI

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Manager - Duties and Responsibilities (Cont)

• To inform CPE on the following
• Any change in name, ownership and control of PEI
  (within 14 days)
• Any manager, or member of Academic Board or
  Examinations Board, being convicted of an
  criminal offence (within 14 days)
• Any legal proceeding of which the PEI is a party
  of (within 14 days)

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Manager - Duties and Responsibilities (Cont)

• Any legal proceeding of which the PEI is a party
  of (within 14 days)
• Intention to cease operations of PEI, including
  plans on managing affected students (at least 14
  days prior to ceasing of operation)
• Any change or addition of new facilities (at
  least 30 days prior to change) and
• Any change in location (at least 30 days prior to
  change).

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Academic Board Set Up

• Set up an independent Academic Board with at
  least 3 members
• Not more than a third of the members shall be
  either managers or employees
• Member shall-
• Have a qualification one level above the highest
  level course offered
• Have at least 5 years relevant industry
  experience
• Not be an undischarged bankrupt
• Not have any previous criminal conviction and
• Not have been a manager of a deregistered PEI.

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Academic Board - Function

• Have an accountable and transparent framework
  for
• Implementation and review of policy on all
  academic matters
• Development and review of academic quality
  assurance measures and
• Facilitating compliance with its policies and
  procedures.
• Develop a set of standards to ensure academic
  quality of every course
• Approve the deployment of teachers

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Examination Board Set Up

• The PEI shall set up an independent Examination
  Board which consist of at least 3 members
• Not more than a third of the members shall be
  either managers or employees
• Member shall-
• Have a qualification one level above the highest
  level course offered
• Have at least 5 years relevant industry
  experience
• Not be an undischarged bankrupt
• Not have any previous criminal conviction and
• Not have been a manager of a deregistered PEI.

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Examination Board - Function

• The Examination Board shall develop examinations
  and assessment procedures such as
• Security of examination and answer scripts
• Conduct of examinations
• Duties and responsibilities of the invigilators
  and markers
• Moderation of marks and
• Appeals for students when reviewing examination
  scripts.

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Quality of Provisions

• External Degree Programme
• Self Developed Courses
• Course Administration
• Teachers

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External Degree Programme

• EDPs will be assessed based following criteria
• University status, or its equivalent, in home
  country
• Competent authority in home country recognises
  the qualification.
• Track record of university in home country
• National ranking in the home country
• Age of the university
• Track record of conducting EDPs in other
  countries
• Linkage with top-ranked universities
• Student acceptance rate

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External Degree Programme (Cont)

• Oversight by home university.
• Academic assurance process similar to home
  campus
• Equal recognition to students
• Issuing and printing the degree in the name of
  the university from its home campus
• Protection of enrolled students
• Ensure course taught in a similar language as
  home country and
• Adequate and frequent auditing of the PEIs
• Track record of local PEI

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Self-Developed Courses - Course Title

• Naming of course-
• Tuition or Preparatory
• Certificate or Foundation
• Diploma or Specialist Diploma or Professional
  Diploma
• Higher Diploma or Advanced Diploma
• Graduate or Post-Graduate Diploma / Certificate

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Course Administration

• A PEI shall ensure the following
• Permitted course delivered according to schedule
  
• Content not obscene, or against public interest
• Have sufficient and appropriate facilities to
  conduct course
• Be responsible for helping students register for
  external examinations
• Not to enrol a student into a course which has
  already started and
• Collect maximum of one year fee and

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Course Administration (Cont)

• Have a contractual agreement which provides the
  following-
• Course schedule and modules/subjects
• Start, end dates, and scheduled holidays
• Dates of major examinations and/or assignment
• Results and certificates to be released within 3
  months
• All fees and date/schedule for collection to be
  listed
• Fees collected beyond the current semester (not
  more than 6 months) are to be refunded in full
  when the students withdraw or have been expelled
  from the course and

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Teacher

• Authenticity of qualifications of teachers
• Teachers are suitably qualified with either-
• A higher qualification in the same field
• A qualification in the same level and field and
  has 5 or more years of relevant working
  experience or
• A higher qualification in a different field and
  has 3 or more years of relevant working
  experience and
• Minimum language ability at O levels or its
  equivalent qualification

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Enhancing Information Transparency

• Control on Name
• Disclosure
• Advertisement
• Annual Update

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Name of PEI

• Name of a PEI must
• Denote a place of learning, e.g. ABC School,
  ABC Learning Centre
• Not be misconstrued as another existing
  institution which the PEI is not affiliated to
  and
• Not contain any term restricted by the Ministry
  of Education (MOE)
• Control on name of branches and departments

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Disclosure

• PEIs will be required to publicly disclose
  information for easy public access as follows-
• Registration number
• Registered address, or addresses if it operates
  from more than one location
• Photographic, or video, representation of its
  registered premises
• All facilities that it provides
• Names of all managers

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Disclosure (Cont)

• Organisation structure
• Detailed information on permitted courses
• Average teacher/student ratio for each
  course/class
• All fees for each course and
• All academic and examination policies and
  procedures endorsed by the respective boards.
• PEI will be required to update the above
  information within 14 days upon occurrence of any
  changes.

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Advertisement

• A PEI shall not advertise or publicise until it
  has been duly registered, and its course(s)
  permitted
• Prohibition of false or misleading advertisement,
  which extends to advertisements outside of
  Singapore
• A PEI shall not display the name of a foreign
  institution on its premises, giving impression
  that the foreign university is set up here.

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Advertisement (Cont)

• A PEI shall only use the term registered in its
  advertisements or publications.
• It is not allowed to use words like Approved,
  Accredited, Endorsed, Supported,
  Validated, or any other words with similar
  meaning.
• A PEI shall ensure that all its advertisements
  include the following
• Registered name, and
• Registration mark (with correct specifications),
  and registration number assigned

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Advertisement (Cont)

• Advertisement of courses-
• Examples 1
• Foreign institution developed and awarded courses
  should include the following
• Name of the institution
• Home country of the institution in bracket and
• Name of the course.
• E.g. LCCIs (UK) Diploma in Financial Management,
  ABC Universitys (Australia) Bachelor of Business

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Advertisement (Cont)

• Example 2
• PEI self-developed and awarded courses should
  include the following
• Name of the institution and
• Name of the course.
• E.g. ABC Business Schools Advanced Diploma in
  Business

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Advertisement (Cont)

• Example 3
• Preparation courses for external examinations
  should include the following
• Word Preparatory or Tuition preceding the
  course title
• Name of the institution and
• Name of the course.
• eg. Preparatory programme for UOLs (UK)
  Bachelors in Business, Tuition for Cambridges
  (UK) GCE O Level English

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Annual Update

• List of permitted courses offered and/or
  conducted
• List of members of the Academic Board and
  Examination Board for the reporting period,
  making note of members who have resigned or who
  have joined since the last annual update
• List of teachers employed and deployed
• Student numbers (broken down by local and foreign
  (on student passes) students) and
• Audited financial figures (profit or loss, and
  net assets or liabilities).

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Enhanced Registration Framework
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EduTrust Certification Scheme
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Presentation Outline

• CaseTrust for Education
• EduTrust Certification Scheme
• EduTrust Framework and Criteria
• EduTrust Application and Certification Process
• Differentiating EduTrusted PEIs
• Transition Plan for CaseTrusted PEIs
• Publicity of EduTrusted PEIs

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CaseTrust for Education

• Background
• Scheme was first launched in September 2004
• Main objective was to enhance the confidence of
  international students in the quality of
  education in Singapore and to provide some degree
  of protection for foreign students
• 4 criteria which include Policies, Communication,
  Practices Systems and Personnel
• Emphasis is on student fee protection in the form
  of Student Protection Scheme (SPS)
• Student Tuition Fee Account (Escrow)
• Student Tuition Fee Insurance
• From 1 September 2005, PEIs must be CaseTrusted
  if they intend to take in foreign students
• About 350 PEIs have been CaseTrusted

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EduTrust Certification Scheme

• A voluntary certification scheme open to all PEIs
  registered under new Private Education Bill
• An enhancement of CaseTrust for Education, with
  greater emphasis on quality and academic
  standards, and financial health of PEI besides
  student protection
• ICA will stipulate the enrolment in an EduTrusted
  PEI as one of the pre-requisites for a foreign
  student applying for student pass
• Target to launch the scheme in 2nd half of 2009
• Open for public consultation from 11 March 2009

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EduTrust Framework
Student Protection
Quality Assurance and Audit Requirements
Improve Industry Standard and Increase Students
Satisfaction
Corporate Governance and Administration
Management Commitment and Responsibilities
Student Welfare and Support Services
Academic Processes and Assessment of Students
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EduTrust Criteria

• The scheme consists of 6 sets of basic criteria
  where PEIs will be scored accordingly
• Management Commitment and Responsibilities
• Corporate Governance and Administration
• Student Protection
• Student Welfare and Support Services
• Academic Processes and Assessment of Students
• Quality Assurance and Audit Requirements
• Maximum scores attainable 1000 points

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EduTrust Criteria
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EduTrust Criteria
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EduTrust Criteria
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EduTrust Criteria
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EduTrust Criteria
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EduTrust Criteria
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Student Protection Scheme (SPS)

• Student Protection Scheme (SPS) will continue to
  be part of EduTrust requirements
• Student Tuition Fee Account (Escrow)
• Student Tuition Fee Insurance
• CPE will explore having more banks and insurance
  companies to participate in SPS
• Assessors will conduct more vigorous checks on
  PEIs to ensure proper SPS is in place
• PEI repeatedly defaulting SPS could face possible
  suspension or even termination of certificate

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Pre-requisites for Certification

• The following pre-requisites must be met before a
  PEI submits an application for EduTrust
  certification
• Must be registered under new PE Act
• Must appoint a Management Representative to
  co-ordinate on matters relating to EduTrust
• Must complete at least one Self-Assessment and
  Management Review exercise and have at least 3
  months record in operation before on-site
  assessment
• Must not be serving suspension or termination
  period
• PEIs under suspension by CASE including those
  previously expelled by CASE will not be allowed
  to apply for EduTrust certification

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EduTrust Certification Flow
PEI Submit application and documents
CPE Conduct desktop review
CPE Conduct onsite assessment

CPE Send confirmation report
CPE Review and approve report
CPE Award of certificate
PEI Submit corrective action plan
CPE Lead Assessor submit final report

• Estimated time to complete one cycle is about 3
  months

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EduTrust Certification Flow

• All applications will be submitted through Online
  Business Licensing Service (OBLS)
• Types of fees payable
• Application Fee, Assessment Fee, Annual Fee,
  Ad-hoc Assessment Fee
• PEIs are required to submit application document
  to CPE Secretariat according to Standard Document
  Submission List both in softcopy and hardcopy

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EduTrust Certification Flow

• Desktop review Documentation check to ensure
  procedures are available, relevant records are
  submitted and the PEI is ready for on-site
  assessment
• On-site assessment - to evaluate the
  effectiveness of the organisation in complying
  with EduTrust requirements. This will be done by
  interviewing staff and students, and checking
  through documents and records
• Assessment team will submit its recommendation to
  Council for approval. Upon approval by Council,
  an EduTrust certificate will be awarded to the PEI

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EduTrust Certification Flow

• EduTrust Certificate issued will valid for 1 or 4
  years
• For those issued with 4-year certificate, PEI
  will need to submit Yearly Assessment Report
  which includes the followings
• Annual Self-Assessment Report,
• Student numbers, both local and foreign,
• Financial reports, including credit rating report
• Records of student complaints,
• Any other information deemed necessary by the
  Council

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EduTrust Certification Flow

• Interim (mid-term) Assessment will be carried out
  before end of 2nd year for those with 4-year
  certificate validity
• Assessment will focus on financial management,
  Student Fee Protection, Academic Processes and
  Assessment of Students and Quality Assurance and
  Audit Requirements
• PEI will be scored during Interim Assessment, and
  their award category may be changed depending on
  the scores achieved
• PEI is required to apply for renewal of
  certificate at least 5 months before the expiry
  date

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Suspension or Termination

• EduTrust certificate may be suspended or
  terminated if
• PEI fails to maintain registration status under
  PE Act
• PEI violates EduTrust Regulations
• PEI fails to address non-compliance raised during
  an assessment
• Once terminated, PEI will not be allowed to apply
  for EduTrust certification for a period of 5
  years
• A certified PEI may voluntarily withdraw from the
  scheme

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Differentiating the EduTrusted PEIs

• All EduTrusted PEIs will be awarded according to
  the following categories based on their scores
• EduTrust Gold Award (4-year validity)
• EduTrust Silver Award (4-year validity)
• EduTrust Bronze Award (4-year validity)
• EduTrust Provisional Award (1-year validity)
• During the SECOND renewal for Provisional Award,
  PEI must achieve at least a Bronze Award,
  otherwise the certificate will not be renewed and
  PEI will not be allowed to apply for
  certification for a period of 2 years

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EduTrust Mark

• EduTrust Mark will be the Mark of Quality for
  certified PEIs
• All EduTrusted PEIs will be allowed to use the
  EduTrust Mark in brochures, letterheads paper,
  name cards, and in advertisement and publicity
  materials
• A Guide on Use of EduTrust Mark will be provided
  upon award of the EduTrust Certificate
• The Mark is currently being designed and we will
  publish it in CPE website once ready

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Transition Plan

• Transition plan was developed to ensure smooth
  migration of PEIs from CaseTrust to EduTrust
• Create industry awareness on EduTrust
  Certification Scheme and transition arrangement
  through
• Industry briefing
• Official website of CPE
• CPE will start to accept application when scheme
  is launched, and PEIs will need to undergo full
  assessment
• Target to migrate all CaseTrusted PEIs within 18
  months from date of launch

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Transition Plan

• A CaseTrusted PEI with certificate expiring
  before December 2009-
• Certificate will be renewed by CASE
• New certificate will only valid for a period of 1
  year
• Must migrate to EduTrust before expiry of the new
  certificate

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Transition Plan

• A CaseTrusted PEI with certificate expiring from
  December 2009 onwards-
• Can apply for EduTrust certification when the
  scheme is launched, or at least 3 months before
  the expiry of the CaseTrust certificate
• CASE will no longer accepts new application or
  renewal of CaseTrust certificates
• For those valid CaseTrust certificates, CASE will
  continue to conduct interim assessment when due
• PEIs are strongly encouraged to migrate to
  EduTrust before interim assessment is due

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Non-CaseTrusted PEIs

• PEIs whose systems and processes are in place and
  intend to seek certification-
• Unable to wait until the launch of EduTrust
• Can apply to CASE for certification
• Certificate issued by CASE will valid for a
  period of 1 year
• Able to wait until the launch of EduTrust
• Encouraged to apply for certification when
  EduTrust scheme is launched

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Publicity of EduTrusted PEIs

• CPE website will include the following publicity
  
• PEIs which have successfully obtained EduTrust
  Certificate
• Will be listed according to their Award Category
• PEIs which have voluntary withdrawn from the
  scheme
• PEIs which have their EduTrust Certificate
  suspended or terminated by the Council

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Summary - New Regulatory Regime
Higher Standards
EduTrust Certification - To further raise
standards in industry

• New criteria in academic organisational
  processes/structures (on top of student welfare)
• Differentiated EduTrust awards to further
  incentivise better standards

Enhanced Registration - To set minimum standards
for private education institutions (PEIs)

• Requirement for all PEIs under regulatory regime
• Renewable registration
• New PEI obligations in advertising control,
  dispute resolution, information disclosure
  requisition
• Graduated penalties and higher levels of
  monitoring and enforcement

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Thank you