Interim govt’s last-minute push for a half-baked education act

After nearly a year and a half, the interim government has suddenly taken the initiative to enact an education act at the very end of its tenure.

Although there has been a strong demand to make secondary education universal, the draft of the proposed law seeks to make primary education compulsory only up to Class-V.

In effect, this merely repeats the existing 1990 Act and risks obstructing progress in the education system.

Educationists and education stakeholders note that discussions on formulating an education act have continued for almost one and a half decades. Yet, without consulting stakeholders, the authorities have now prepared a draft law in a hurried and careless manner.

In just nine days, on 12 February, a national parliamentary election will take place, after which a new government will be formed.

Against this backdrop, the Ministry of Education published the draft law on its website on 1 February (Sunday) to solicit opinions.

The time allocated for feedback is only six days, until 7 February, of which three days are public holidays (Friday and Saturday included).

Educationists and education stakeholders believe that such haste will prevent the law from contributing meaningfully to educational reform and improvement.

At present, educationists and organisations working in the education sector consistently demand and recommend the universalisation of the entire secondary education cycle.

Alongside this, both the Ministry of Education and the Ministry of Primary and Mass Education had begun work on making education free of cost up to Class-VIII.

However, the draft education act limits primary education to Class-V and proposes to make it free and compulsory for all children, something that has already been in practice for three and a half decades.

Notably, the Primary Education (Compulsory) Act, 1990, remains in force.

In October last year, the Ministry of Education formed a 10 member advisory committee under the leadership of professor Manzoor Ahmed, emeritus professor at BRAC University, to improve the quality of secondary education.

The committee has not yet submitted its report. Sources within the committee indicate that it plans to submit a report with recommendations within the next few days, before the national election.

However, the authorities prepared and published the draft Education Act even before receiving this report.

As a result, implementing those committee recommendations that require legal amendments will become complicated and time-consuming.

Earlier, in October 2024, the Ministry of Primary and Mass Education formed a nine member advisory committee, also led by professor Manzoor Ahmed, comprising educationists, experts and stakeholders in primary education, to improve the quality of primary and non-formal education.

That committee submitted more than 100 recommendations to the government in February last year, although the authorities have implemented most of them.

Attempts to contact education adviser CR Abrar by mobile phone to seek his views on the draft Education Act were unsuccessful. Similar attempts to reach Rehana Parveen, secretary of the Secondary and Higher Education Division, also failed.

However, a senior official at the Ministry of Education stated that various reasons had delayed the publication of the draft law.

He added that the authorities would consider any opinions submitted, provided they are reasonable.

Following the adoption of the National Education Policy in 2010, the government formed a committee the very next year to draft an education act.

The initiative aimed to prohibit coaching centres, private tuition and all forms of notes and guidebooks and to ensure the full implementation of the National Education Policy.

Yet, for more than a decade and a half, the draft education act has remained confined to discussion.

Allegations suggest that disputes over whether to include or exclude issues such as notes, guidebooks and coaching or private tuition caused this prolonged delay.

Nevertheless, the latest draft education act effectively allows these practices to continue for another three to five years.

The draft states that the government will formulate regulations to control coaching centres, supplementary books (note books) or guidebooks (by whatever name they are known) and private tuition.

It further states that, through gradual discouragement, the authorities will take initiatives to permanently close these activities within three to five years of the law coming into force.

However, an act from 1980 already prohibits notes and guidebooks up to Class-VIII.

Moreover, according to the Ministry of Education’s 2012 policy, teachers of government and non-government schools, colleges and madrasahs may not provide coaching to students of their own institutions.

With institutional approval, they may teach a limited number of students (not more than 10) from other institutions during the day. The proposed law does not clearly address this issue either.

A review of the draft shows that it largely incorporates the existing structures of the education system. It offers little in the way of new or contemporary policy direction capable of advancing education.

According to the draft, every primary-level educational institution must include a pre-primary stage.

The authorities will design a non-discriminatory curriculum for all children. However, the draft confines primary education to Class Five.

By contrast, the National Education Policy of 2010 set primary education up to Class-VIII and secondary education up to Class-XII. In 2016, the government also announced its intention to extend primary education to Class-VIII, although it did not implement that decision.

Most recently, in May 2024, the education authorities again initiated steps to implement the National Education Policy provision to extend primary education to Class-VIII. As part of this process, they planned in the first phase to ensure free or low-cost education up to Class-VIII.

Despite plans to announce the extension of primary education to Class-VIII after three years of preparation, the proposed law once again limits primary education to Class-V.

The draft classifies Classes-VI to X as secondary education and Classes XI and XII as higher secondary education. The secondary level will comprise three streams: general, madrasah, and technical and vocational education. The higher education level will include undergraduate or equivalent qualifications and above.

The draft makes the government-prescribed national curriculum mandatory at the pre-primary, primary and secondary levels across all streams. It also provides for specialised curricula and syllabuses for students with special needs.

Regarding Qawmi madrasahs, the draft states that the government will take necessary measures to improve the quality of education provided in these institutions.

In most areas, the draft law delegates responsibility for implementation to rules, regulations or executive orders.

In the case of admissions, it states that the government will determine admission policies and procedures for pre-primary, primary and secondary institutions through rules or, in the absence of rules, through executive orders.

Existing regulations will continue to apply to the recruitment of teachers and staff in government secondary schools.

In the case of recruitment to the Bangladesh Civil Service (General Education) cadre, the Bangladesh Civil Service Composition and Cadre Rules and the Recruitment Rules will remain in force.

For non-government educational institutions, the draft states that entry-level teacher recruitment will take place through the Non-Government Teachers Registration and Certification Authority (NTRCA), as is currently the case.

Recently, the authorities also decided to appoint principals, vice-principals, head teachers, assistant head teachers, supers and assistant supers through the NTRCA. However, the draft law does not clearly address this matter.

According to the draft, the primary and secondary curricula will include content on students respective religions, independence, the Liberation War and the mass uprising, science and technology, nature and ecosystems, civic rights, national culture, and the distinct cultures of small ethnic communities.

At the same time, educational institutions may not conduct any activities that contradict the spirit of the Liberation War and the mass uprising, Bengali culture, or the cultures of small ethnic communities, or that offend religious sentiments.

No private educational institution may be established without government approval. Registration will be mandatory for the establishment and operation of new institutions.

The same conditions will apply to schools operating foreign curricula, kindergartens, madrasahs and branches of foreign educational institutions operating in Bangladesh.

The draft also states that no teacher may subject a student to corporal punishment or mental harassment. However, the draft remains unclear about the nature and application of penalties for such offences.

When asked about the draft education act, Rasheda K Chowdhury, former adviser on primary and mass education in the caretaker government, told Prothom Alo that an education law affects all students, teachers, the education system and everyone connected with education.

She said she could not understand why the authorities had allowed such a short time for feedback on a law of this importance.

This approach is unacceptable, as the draft requires time for detailed and meticulous analysis, she added.

Moreover, she noted that the draft does not present any clear roadmap for the future of education.

Rasheda K Chowdhury, therefore, argued that, instead of rushing the process, the authorities should enact a modern and forward-looking law after thorough scrutiny and review.