Qualification Framework, Quality Assurance and Accreditation of Higher Educational Institutions Act No. ..

By Camena Gunaratne

Aims of the Bill

To establish the Qualification Framework, Quality Assurance and Accreditation Board and the nonState Higher Education Council. The long title indicates that the Act will also provide for registration of Non-State Higher Educational Institutions and regulation of their activities. Other aims referred to are to provide for quality assurance and accreditation of all higher educational institutions so as to ensure quality higher education

Universities Act No. 16 of 1978

State universities are governed under this Act. This Act established the University Grants Commission to oversee university education in Sri Lanka. Under Section 3 of the Universities Act the objects of the UGC include the maintenance of academic standards in Higher Educational Institutions.

Current framework for quality assurance

Currently an Accreditation Council functions as part of the UGC, the regulatory authority created by the Universities Act of 1978. The UGC and university Senates therefore have an internal and external role in ensuring academic standards. The present Act purports to create a new authority that will function outside the Universities Act of 1978. This new authority will also have powers over state universities which are often greater than the powers of the UGC. The Act gives the Minister wide powers over the academic aspects of universities which he/she does not currently have

Some specific issues in regard to provisions of the Bill

Section 3 -Constitution of the Board

3 (1) The Board shall consist of :(a) the following members to be appointed by the Minister (hereinafter referred to as appointed members):(i). One member possessing high academic qualifications who shall be the Chairman of the Board; (ii). three members holding a high academic post in any Higher Educational Institution, who have distinguished themselves in quality assurance in higher education, and

Definitions
Under the Universities Act: Higher Educational Institution means a University, Campus, Open University, University College, or Centre for Higher Learning established or deemed to be established under this Act;

 Under the present Act: Higher Educational Institution shall have the same meaning as given to that expression by the Universities Act No. 16 of 1978 and includes a Non-State Higher Educational Institution.

Ex officio members of the Board

3 (1) (b) The following ex-officio members:(i) Secretary to the Ministry of the Minister in charge of the subject of Higher Education or his nominee; (ii) Chairman of the University Grants Commission or his nominee, (iii). Chairman of the Committee of Vice-Chancellors and Directors or his nominee; (iv). Director-General of the Sri Lanka Institute of Advanced Technological Education or his nominee;

cont
(v) Chairman of the Tertiary and Vocational Education Commission or his nominee; (vi) President of the Institute of Engineers, Sri Lanka, and (vii) President of the Sri Lanka Medical Council

Section 5 - Powers of the Board

(a). recommend to the Minister on the issue notice suspending or terminating any programmes offered by a Higher Educational Institution that does not meet the required standards and quality as specified by the Board:

Section 8
(1) The Board may from time to time appoint such committees to assist it in the exercise, performance and discharge of its powers, duties and functions, consisting of such persons, whether officers or servants of the Board or not, as it considers necessary to be members of any such committee. (2) The Board may assign to any committee appointed under subsection (1) such of its powers, duties and functions, as it may deem appropriate, but may exercise, perform or discharge any power duty or function so assigned, not with standing such assignment. (3) The Board shall have the authority to amend or revoke any decision made by any committee appointed under subsection (1)

Agencies of the Board

Section 9 (1) The Board shall have two agencies, namely:(a) Qualifications Framework Agency; (b) Quality Assurance and Accreditation Agency

Chapter II Qualifications Framework Agency (QFA)

 The Board will function through a Qualifications Framework Agency. It is not clear how persons to this Agency will be recruited and appointed. This is a matter of concern since the Board will exercise wide powers on the basis of the work of this Agency.

Section 12 (1)
The Qualifications Framework Agency shall have an Advisory Committee consisting of five members who shall be appointed by the Board.

Section 11- functions of the QFA will be to

(a) Develop the Sri Lanka Qualification Framework and to make necessary recommendations to the Board in regard to its implementation (b) recommend to the Board the foreign degrees, diplomas and other academic distinctions that may be recognised by the Ministry of the Minister

Section 11 (c)
recommend to the Board on the formulation of rules with respect to:(i) qualifications levels and nomenclature of awards granted by Higher Educational Institutions; (ii) format and language of transcripts of the awards granted by Higher Educational Institutions; and (iii) levels of knowledge, skills and competencies expected of qualifications holders of Higher Educational Institutions;

Section 13
Notwithstanding any requirements that may be imposed by or under any other written law, the Administrative Officer or the Chief Executive Officer, as the case any be, of every Higher Educational Institution shall to apply the Board for identification of qualification framework level of the qualifications offered by such Higher Educational Institution, expected levels of knowledge, skills and competencies and the format of certificates and transcripts of wards offered by such Higher Educational Institution and any other requirements necessary in order to comply with the Sri Lanka Qualification Framework developed under this Act, in such manner and form as shall be prescribed.

Chapter III - Quality Assurance and Accreditation Agency

The Quality Assurance and Accreditation Agency will be a new agency functioning outside the Universities Act of 1978. Its powers erode the regulatory and standard setting role of the UGC and gives it wide powers. They will have an assessment and monitoring role in regard to educational quality under Section 14 (c) and it is not clear what this means

 The Agency shall also recommend to the Board the minimum academic standards to be maintained by higher educational institutions, including standards relating to courses of study offered, examinations, equipment and other facilities to be made available to students. It is not clear what this means, or how these standards would be set. This is a function carried out by Faculty Boards and Senates.

Section 15 (1)
The Quality Assurance and Accreditation Agency shall have an Advisory Committee consisting of five members who shall be appointed by the Board

Section 17
Notwithstanding any requirements that may be imposed by or under any other written law, the Administrative Officer or Chief Executive Officer, as the case may be, of every Higher Educational Institution shall be required to apply to the board for quality assurance and accreditation to carry out all its activities as a Higher Educational Institution, in such form and manner as shall be prescribed.

Section 18 - in the case of failure to do so the Board shall

(a) where the Higher Educational Institution concerned is not a Non-State Higher Educational Institution, report such failure to the University Grants Commission, or (b) where the Higher Educational Institution concerned is a Non- State Higher Educational Institution, report such failure to the Council, and request such Commission or the Council, as the case may be, to take such action as it considers appropriate to ensure compliance with the requirements imposed by section 13 or section 17, as the case may be, and inform the Board of the action so taken.

Section 19 - Staff of the Board

(1) The Board shall appoint an experienced person, who is suitably qualified:(a) in the field of Quality Assurance and Accreditation, to be the Director of the Quality Assurance and Accreditation Agency (in this Chapter referred to as the director); and (b) in Qualifications Framework, to be the Director of the Qualifications Framework Agency (in this Chapter referred to as the Director)

Section 21 - Appointment of reviewers

(1) The Director of the Quality Assurance and Accreditation Agency with the prior approval of the Board, shall (a) appoint a panel of Reviewers from amongst academics or any other persons who are suitably trained and qualified to function as Reviewers for the purpose of undertaking external quality assessments required to be carried out under this Act; and (b) lay down the procedures for the selection of Reviewers from among the panel of Reviewers appointed under paragraph (a), to function in respect of any particular assignment.

Section 22 - Fund of the Board

(2) There shall be paid into Fund of the Board:(a) all such sums of money as may be voted from time to time by Parliament for the use of the board; (b) all such sums of money as may be received by the Board in respect of any services rendered by it under this Part of the Act: (c) all such sums of money as may be received by the Board as donations or grants form any source whatsoever, whether within or outside Sri Lanka; (d) all such sums of money as may be received by the board in the exercise of its powers, performance of its duties and discharge of its functions under this Act, including any sums of money realized by the sale of any movable or immovable property of the Board.

Non-state Higher Education Council

This Act provides for the establishment of this Council. Is this necessary? Can the UGC regulate non-State Higher Educational Institutions?

Appointments to the Council

Persons of high academic qualifications Representatives from accountancy, engineering and medicine The Chairman of the Accreditation Board Chairman of the UGC

Section 28 (m)
Receive grants or contributions from any source whatsoever and to raise funds by all lawful means and apply such funds in the performance and apply such funds in the performance and discharge of the duties and functions of the Council;

Section 42
(1) Subject to the provisions of subsections (2) and (3) of this section, a Non-State Higher Educational Institution shall not offer or provide any study course, whether within or outside Sri Lanka and either by itself or in association or collaboration with or in affiliation with any other person or institution, except under the authority of a permit issued for that purpose by the Council and in accordance with the terms and conditions of such permit any other criteria as may be prescribed under section 45 for that purpose. (2) The requirement to obtain a permit under subsection (1) may be exempted in respect of the provision of such study courses as shall be prescribed.

Section 45 - the Minister can make regulations on

Secondary educational qualifications required for the purpose of entering a NonState Higher educational Institution; Provisions relating to teachers and nonacademic staff of Non-State Higher Educational Institutions;

Section 53 - Secrecy
Every member of the Council, the Board each Agency, both Advisory Committees appointed under sections 12 and 15 to assist the two Agencies and other committees and every officer and servant of the Council and of the Board and every member of the panel of Reviewers appointed under section 21, shall, before entering upon his or her duties, sign a declaration pledging not to disclose any matter which may come to his or her knowledge in the exercise, performance and discharge of his or her powers, duties and functions under this Act, except:when required to do so by a court of law; or in order to comply with any requirement imposed by or under this Act or by any other written law.

Section 62
On the recommendation of the Board, the Minister may by an Order published in the Gazettee, issue a notice to suspending or terminating any programme offered by any Higher Educational Institution, that does not meet the required standards and quality specified by the Board, by or under this Act.