TOPIC 2) TEACHERS AND LAWS

PERATURAN-PERATURAN PEGAWAI AWAM (KELAKUAN DAN TATATERTIB) 1993

(PINDAAN 2002)
RULE 3A.
Public servants must comply with the rules laid down and disciplinary action may be imposed on
the defaulting officer.
RULE 3B
An officer is required to give an undertaking as provided in the Public Officers Regularions
(PU.A.176) Appointment, Promotion and Termination of Service.
RULE 3C
It is the responsibility of an officer to exercise disciplinary control and supervision over his
subordinates and take appropriate action promptly against any officer who violates any provision
of these rules.
Officers who fail to exercise control and supervision or failed to take action against his
subordinate who violates any provision of these rules shall be deemed to be negligent and
irresponsible and he shall be liable to disciplinary action.
RULE 4 (1)
An officer shall at all times allegiance to the Yang di-Pertuan Agong, country and the
Government.
Officers should always care for; preserve and defend the sovereignty and national dignity; respect
and obedient to the law and strive to serve the country. Some examples of violation of regulation
4 (1) are as follows:
abetting the enemy of the state
leaking government secrets.
disparaging and undermine government policies and actions.
become a member of Jemaah Islamiyah
participate in the Malaysian Militant Union
RULE 4 (2)
An officer is not allowed to:
prioritize personal interest to public duty
behave in such a manner that may cause personal interests conflicting with public duties

 behave in any manner that is likely to cause reasonable suspicion

behave in a way that can worsen / discredit the public service
be inefficient or having lack of effort
be dishonest
be irresponsible
take or attempt to take any form of outside influence or pressure
disobey or against the superiors
negligent in performing its duties
RULE 7: Drug abuse, officer can be terminated for public interest
[Rule 49]
If the officer has reached Retirement Age Options. Example; the violation of Rule 7 is taking
marijuana, morphine, heroin or drugs.
RULE 9 : Providing and receiving gifts
A civil servant cannot receive / provide any forms of gifts that can be in any way affect the
official duties as it is conflicting with Rule 4. Examples of violation of Rule 9 is like a contractor
celebrating the head of department that has become the member of the tender board
[entertainment = meals, hotels, airfares and others].
RULE 11 : Maintain living standards over emoluments / valid income
An officer is not allowed to:
maintain living standards over emoluments / valid income
acquire / own any financial resources or property disproportionate or unreasonable to
emoluments / legitimate income
RULE 12 : Borrow money / guarantor to any person.
RULE 13: Serious financial indebtedness
Rule 13.(1) An officer shall not be in any way cause him to be in serious financial indebtedness.

An officer shall be deemed to be in serious financial indebtedness if (a) the aggregate of the debt
and liabilities at any time exceed 10 times of the monthly emoluments.
RULE 16 : Do not involve in future market
RULE 18 : Publishing books and paper
An officer also may not publish or write books, articles or other work based on official
information. Among RULE VIOLATIONS 18 is like writing / publishing books using official
information (top secret, private and confidential)
RULE 20 : Newspaper/magazine/journal editor
A civil servant is not allowed to be a newspaper editor /magazines/journals except, publications:
for the department
for professional
for voluntary organizations that do not have political character
that is approved in written form by the head of department
RULE 6 : Attire
Amongst the violation of Rule 6 are:
Wearing a singlet or round neck t-shirt
Wearing sarong, shorts and etc.
Rules of Public Officers (Conduct and Discipline) has been introduced to serve as a guide for
teachers and other public servants in the discharge of responsibilities.
THE RATIONALE FOR DISCIPLINE RULES
perform duties with competent, trustworthy and responsible
put the public interest is more important than the interests of their own
maintain the image of the public service
to punish officers who committed the offense / violating rules
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EDUCATION ACT 1996

Aims - to strengthen the national education system in line with the needs and aspirations of
Malaysia to become a center of educational excellence and world-class quality.

THE PURPOSE OF FORMULATING EDUCATION ACT 1996

using the same system of evaluation & exam.
Islamic education is extended to all Muslim students.
expand the jurisdiction of the Minister of Education.
enhance/srengthen technical education.
strengthen teacher training.
private education more systematic.
strengthening the tribal language
The content of the Education Act 1996
Section 16: provide three categories of schools in Malaysia; government, private and
government aided schools. This clearly can accommodate the needs of the Form 6, matriculation
and so on.
Section 17 (2), provides national language as a compulsory subject in all schools.
Section 18 provides that all schools should follow the national curriculum except it is
specifically exempted.
Section 19 provides that all schools prepare students for public examination, unless
specifically exempted.
Section 21 empowers the Minister to establish and maintain kindergartens.
Section 37 and section 38 allows the polytechnic to offer courses of study or training program
at the certificate or any level of qualification with any university or other educational institution.
Section 47 (1), allows teacher training colleges to provide degree courses, diploma or
certificate program in collaboration with university or other higher education institution.
Section 40 allows the Minister to provide special education classes in special schools or in any
primary or secondary school.

 Section 50 provides that Islamic Education subject is compulsory in all schools including
private schools when there are 5 or more Muslim students.
Section 69 provides that all of those conducting the public examinations are required to obtain
approval from the Director of Examinations in advance.
Section 77 clarifies that private educational institution that run "twinning program" and
"linkage" must obtain permission in writing from the Minister.
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Persons with Disabilities Act 2008

An Act to provide for the registration, protection, rehabilitation, development and wellbeing of
persons with disabilities, the establishment of the National Council for Persons with Disabilities
and for matters connected therewith.
RECOGNIZING that persons with disabilities are entitled to equal opportunity and protection
and assistance in all circumstances and subject only to such limitations, restrictions and the
protection of rights as provided by the Federal Constitution
Access to education
(1) Persons with disabilities shall not be excluded from the general education system on the
basis of disabilities, and children with disabilities shall not be excluded from pre-school, primary,
secondary and higher education, on equal basis with persons or children without disabilities,
including vocational training and lifelong learning.
(2) The Government and private educational providers shall, in order to enable persons and
children with disabilities to pursue education
(3) The Government and private educational providers shall take appropriate steps and
measures to enable persons and children with disabilities to learn life and social development
skills in order to facilitate their full and equal participation in education
Education Regulations (Special Education ) 1997
The introduction of Education Regulations (Special Education) 1997 is one of the government
efforts in ensuring democratisation of education and equality of access to education are given to
all citizen regardless of their background, socioeconomic status or disabilities of individual.
2.6.1 Education Regulations (Special Education) 1997 came into operation on 1 January
1998 with the interpretation as:
Student with special education means student with vision disabilities, hearing disability and
learning disabilities.
2.6.2 Special Education Programme is interpreted as:
a) a program which is held in a special school for students with vision disabilities or hearing
disability;

b) an integrated program which is held in normal school for students with vision disabilities,
hearing disability or learning disabilities; and
c) an inclusive education program where students with special needs are present in a class
together with normal students.
2.6.3 Requirement To Attend Special Education Programme
All students with special needs who are eligible to be educated and have the ability to manage
themselves without the assistant of people can be accepted to school as stated in Education
Regulations (Special Education ) 1997, Part ll, 3(2), section 41 of Education Act 1996.
i. For government and government aided schools, students with special needs who are eligible to
be educated are qualified to attend Special Education Programme, except the following:
a) student with physical disability but has the mental ability to learn as normal student, and
b) students with variety of disabilities or severe disabilities or mentally retarded.
ii. A student with special needs is an individual who is eligible to be educated and have the ability
to manage themselves without the assistant of people and has been certified by a panel which
consists of medical officer, officer of the Ministry of Education and officer of Society Welfare
Department.
2.6.4 Curriculum
In the implementation of the curriculum of special education, teachers can adapt and adopt the
methodology and techniques of teaching and learning, allocation of time, arrangement of
activities, subjects and teaching materials to achieve the goals of special education.