A newly-proposed law governing private educational institutions has been referred by the government to Parliament, aimed at tightening regulations over the operation of private schools in the kingdom.
The law encompasses a wide range of provisions, including restrictions on unjustified fee increases, administrative penalties, criminal liability and incentives for high-performing institutions.
Under the law, the Education Ministry is empowered to slap administrative and financial penalties on private educational institutions that are found in violation of the law, its executive regulations, or ministerial decisions issued under its authority.
This is without prejudice to any civil or criminal liability that may also apply.
In case of a violation, the ministry may order the immediate cessation of the violation and the removal of its causes or effects, or grant a specified period for compliance, extendable in consideration of the students’ welfare.
Should violations persist, the ministry may escalate the matter with additional measures, including, but not limited to:
- Issuing a written warning to the institution.
- Publishing details of the violation in the media at the institution’s expense.
- Temporarily suspending certain services provided that the educational process and student interests are not disrupted.
- Recommending the dismissal of staff involved in the violation.
- Imposing an administrative fine of up to BD100,000.
- Placing the institution under temporary ministry management for up to six months, including appointing a temporary director at the institution’s expense.
- Temporarily closing the institution for up to 10 working days, with the possibility of extension.
- Revoking the institution’s licence, thereby prohibiting the admission of new students.
In cases involving licence revocation or service suspension, the institution must continue operations for a limited period to allow students to transfer, and it must bear all transportation costs for the affected students.
When deciding on penalties, the ministry must consider the seriousness of the violation, the violator’s degree of co-operation, any benefits gained from the violation, and the resulting harm to others.
However, penalties or measures will be imposed without first conducting an investigation.
The institution must be formally notified of the ministry’s intention to penalise. If the investigation reveals suspicion of a criminal offence, the case must be referred to the Public Prosecution.
Institutions have the right to appeal any penalties or administrative action. The appeal must be filed with the minister within 30 days of being notified of the decision.
The minister is required to respond within 60 working days, and failure to do so will be considered an implicit rejection.
The institution may then escalate the matter to the competent court within 60 days of the explicit or implicit rejection.
The law imposes criminal penalties for more serious offences. Without prejudice to stricter penalties in other legislation, imprisonment for up to one year, a fine of between BD1,000 and BD100,000, or both may be imposed for:
- Obtaining a licence through fraudulent means.
- Operating without a valid licence or violating licence terms.
- Submitting false, misleading or inaccurate information to the ministry.
Private education companies or institutions may be fined up to double the prescribed penalty if a violation is committed in their name, on their behalf, or for their benefit. This applies if the offence results from an action, omission, consent, cover-up, or gross negligence by a board member, authorised official or representative of the institution.
Meanwhile, the law also recognises excellence. Institutions that achieve high-performance ratings, as determined by the relevant evaluation authority, may be granted special privileges as outlined in a ministerial decision.
Conversely, the ministry may take specific measures against institutions rated as low-performing. These actions will be defined through ministerial decisions and based on evaluations conducted by the designated performance assessment authority.
The law grants the minister the authority – subject to Cabinet approval – to determine the categories of fees for ministry services, as well as conditions for increases, reductions and exemptions.
- The Cabinet has urged a rethink on amendments to the 2005 Education Law that would make kindergarten part of the free education year provided as a service by the government.
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