New Regulatory Regime for Private Education Industry Briefing

New Regulatory Regime for Private Education Sector Industry Briefing 17 Mar 2009, 10am

Programme Q&A 11.00am

Presentations:

Council for Private Education

New Regulatory Regime

Enhanced Registration Framework

EduTrust Certification Scheme

10.00am Registration 9.00am

Role of Council for Private Education

Raise the quality of private education sector to support Singapore’s 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

Facilitate the promotion and development of the industry Raise consumer awareness of the sector Foster greater industry stewardship towards quality assurance Introduce regulatory measures and quality assurance schemes to uplift industry standards

New Regulatory Regime

Regulatory Approach

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) Higher Standards

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

Regulatory Scope

Coverage of PEIs with significant impact on Singapore’s 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

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 Council’s 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

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

www.moe.gov.sg/private-education-public-consultation Website: 11 March 2009 - 6 May 2009 (8 weeks) Period:

Timeline and Transition

Transitional period for PEIs upon commencement of new Act :

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

All required to make registration application within 2 mths after Act commencement Currently not registered under Education Act Each PEI notified of a specified window period to come in for registration Currently registered under Education Act Treatment PEIs

Enhanced Registration Framework

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

Registration Approach

R egulatory 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

Corporate Governance

Managers

Definition and restriction

Prescribed duties and responsibilities

Academic and Examination Board

Requirements on members

Prescribed duties and responsibilities

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

Manager – Definition (Con’t)

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

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

Manager - Duties and Responsibilities (Con’t)

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);

Manager - Duties and Responsibilities (Con’t)

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).

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.

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

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.

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.

Quality of Provisions

External Degree Programme

Self Developed Courses

Course Administration

Teachers

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;

External Degree Programme (Con’t)

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

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;

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

Course Administration (Con’t)

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

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

Enhancing Information Transparency

Control on Name

Disclosure

Advertisement

Annual Update

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

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;

Disclosure (Con’t)

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 .

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.

Advertisement (Con’t)

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 a ny 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

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. LCCI’s (UK) Diploma in Financial Management, ABC University’s (Australia) Bachelor of Business

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 School’s Advanced Diploma in Business

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 UOL’s (UK) Bachelors in Business, Tuition for Cambridge’s (UK) GCE O Level – English

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).

Enhanced Registration Framework Control on name Name of PEI Stipulated Disclosure Requirements Approved by Academic Board Course (Dip and Cert) Higher quality bar External Degree Owners and Directors Manager Proper Process In-place Academic and Exam Board Update and enforcement Regulatory posture New Regime Sub-Category Main Category Non Misleading Advertisements Advertising Requirements Enhancing Information Transparency PEI to check Teacher Quality of Provision Corporate Governance Renewal Basis Validity period Registration Approach

Presentation Outline

CaseTrust for Education

EduTrust Framework and Criteria

EduTrust Application and Certification Process

Differentiating EduTrusted PEIs

Transition Plan for CaseTrusted PEIs

Publicity of EduTrusted PEIs

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

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 2 nd half of 2009

Open for public consultation from 11 March 2009

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

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

EduTrust Criteria New requirement 1.5 Management Representative New requirement 1.4 Defining Responsibility New requirement 1.3 Strategic Planning New requirement 1.2 Defining Organizational Values and Culture Partially covered in CaseTrust 1.1 Defining Vision, Mission and Educational Goals 1. Management Commitment and Responsibilities This criterion examines the PEI’s leadership system and its commitment to achieve its vision and how the responsibilities are spelt out to ensure that its mission is met. The leadership should set the direction with a focus on building capacity and guided by the tenets of high quality education services. Comparison to CaseTrust EduTrust Criteria and Sub-Criteria

EduTrust Criteria Existing CaseTrust requirement 2.5 Information Management System Existing CaseTrust requirement 2.4 Communication and Publicity Partially covered in CaseTrust 2.3 Management of Partnership and Human Resources Partially covered in CaseTrust 2.2 Management of Resources and Facilities New requirement 2.1 Financial Management 2. Corporate Governance and Administration This criterion examines how the PEI manages its operations effectively and efficiently to meet its mission and the educational goals. The areas covered include financial health of PEI, management of resources and facilities as well as partnership including overseas agents, communication to internal and external parties and information management system. Comparison to CaseTrust EduTrust Criteria and Sub-Criteria

EduTrust Criteria Comparison to CaseTrust EduTrust Criteria and Sub-Criteria Partially covered in CaseTrust 3.4 Transfer/Withdrawal of Students Existing CaseTrust requirement 3.3 Refund Policy Existing CaseTrust requirement 3.2 Student Contract Existing CaseTrust requirement but now extend to all students 3.1 Protection of Tuition Fee 3. Student Protection This criterion examines how the PEI provides student protection via the tuition fee protection scheme and the PEI-student contract. This will thus build a strong PEI-student relationship build on trust which will help the PEI to focus on its core business of achieving its mission and educational goals. The transfer/withdrawal policy and procedures will also ensure greater flexibility for the industry towards building a robust educational hub. The criterion also examines how the PEI exercises due care and due diligence to uphold the core principles of confidentiality, integrity and security towards information it receives.

EduTrust Criteria Comparison to CaseTrust EduTrust Criteria and Sub-Criteria Existing CaseTrust requirement 4.3 Student Feedback and Complaints New requirement 4.2 Student Satisfaction Measurement Existing CaseTrust requirement 4.1 Student Support Services 4. Student Welfare and Support Services This criterion examines how the PEI designs, implements, manages and improves its services to provide a holistic education towards enhancing student well-being. It includes how the PEI determines students’ needs and expectations and monitors their well being to ensure that students’ welfare is sufficient for them to perform well academically. PEI should aim to provide a caring physical and psychosocial environment and programmes that value-add to students’ educational experiences.

EduTrust Criteria Comparison to CaseTrust EduTrust Criteria and Sub-Criteria New requirement 5.2 Curriculum Planning and Delivery New requirement 5.7 Selection of Teachers New requirement 5.6 Assessment of Students New requirement 5.5 Student Tracking New requirement 5.4 Monitoring of Learning Outcomes and Students’ Development Partially covered in CaseTrust 5.3 Student Selection and Admission Criteria New requirement 5.1 Curriculum Design and Development 5. Academic Processes and Assessment of Students This criterion examines how the PEI sets up processes to ensure that courses offered are of high quality that meets needs and expectations of the students and the industry. It also examines how the PEI monitors the progress of the students through the most appropriate modes of assessment to achieve the course outcomes. The PEI shall also be assessed on its system to select and recruit the most appropriate staff to deliver the courses to achieve its educational goals.

EduTrust Criteria Comparison to CaseTrust EduTrust Criteria and Sub-Criteria New requirement 6.4 Analysis and Continual Improvement New requirement 6.3 Management Review New requirement 6.2 Self-Assessment and Review New requirement 6.1 Performance Measurement Objectives 6. Quality Assurance and Audit Requirements This criterion examines the quality assurance requirements of a PEI in establishing a system to comply with the EduTrust criteria. Through establishing performance objectives, conducting self assessment and management review, a PEI ensures that the systems and practices are effectively managed as it continues to delivery quality services to the students.

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

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

EduTrust Certification Flow PEI Submit application and documents CPE Conduct desktop review CPE Conduct onsite assessment CPE Review and approve report CPE Award of certificate

Estimated time to complete one cycle is about 3 months

CPE Send confirmation report PEI Submit corrective action plan CPE Lead Assessor submit final report

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

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

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

Interim (mid-term) Assessment will be carried out before end of 2 nd 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

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

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

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

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

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

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

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

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

Summary - New Regulatory Regime EduTrust Certification - To further raise standards in industry Enhanced Registration - To set minimum standards for private education institutions (PEIs) Higher Standards