This document discusses legal aspects in educational management that school administrators need to be aware of. It notes that headmasters, teachers, and other staff are often unaware of existing laws and regulations regarding education, such as the Education Act, Education Ordinance, and professional circulars from the Ministry of Education dealing with issues like student discipline, security, and co-curricular activities. The document recommends that educational leaders attend short courses to better understand legal implications and take proper legal action when laws and regulations are violated. It also suggests reading court cases related to education laws to avoid potential lawsuits from parents and students regarding issues of discipline, school rules, and negligence.

1. Centre of Educational Studies and
Modern Languages, CAS, UUM
SGDU 6043
LEGAL ASPECTS IN EDUCATIONAL
MANAGEMENT
Lecturer : Dato’ Abd Rahman bin Yop

2. Introduction to Legal Aspects in
Educational Management
Are we aware of Legal Aspects in Education and
their Implications?

3. Headmasters, Senior Assistants and teachers
are exposed to situations that lead to violation
of laws and regulations, such as Education Act,
Education Ordinances, Education Regulations
and Professional (Ikhtisas) Circulars.
• School as loco parentis
• Existing regulations – school uniform
• Discipline regulations
• Co-curriculum, etc.

4. Not aware of the existence of educational
laws, Ordinance, Act.
• Education Ordinance, 1957
• Education Act, 1961
• Education Act, 1996
• Education (National Curriculum) Regulation
1997
• Education (Parent-Teacher Association)
Regulation 1998
• Education (Students Discipline) Regulation
1959

5. Professional Circulars from the Ministry of
Education
• Security of students
• Cleanliness
• Discipline – gangsterism
• Co-curricular activities

6. Laxity in the enforcement of these laws
• Do not know how to exercise the law
• Do not know how to take legal action to those
who are contravening to the laws and
regulations.
• Ignorance of rules and regulations
• Not exposed
• No directives

7. Head masters / principals and teachers
should :
1. understand legal implications of wrong
action.
2. Attend short courses.
3. Ministry of Education or Education
Department should provide short courses on
laws and regulations.
4. Read court cases related to education laws
and regulations and discuss with their
counterparts.

8. Court cases related to education
A) Discipline
Dismissal of student (Mahadevan v.
Anandarajan (1970)
Serban (Turban) Case.
B) School Rules
Meor Atiqurrahman v. Fatimah bte Sihi
(Serban case)

9. C) Negligence
• What is negligence in education?
• Cases of negligence
Zazlin Zahira v. Luise Marie Ambrose
Chen Soon Lee v. Chong Voo Pin
Yogeswari Nadarajah v. Govt. of Malaysia
Jumat bin Mahmud v. Govt. of Malaysia
Mohd. Raihan v. Govt. of Malaysia

10. D) Administrative law – Public service
Loot Ting Yee v. Wilayah Persekutuan
Director of Education
- To avoid from being sued by parents and
students