| “To what extent if at all, does the Education Act of 1988 cater for the educated person?” Discuss. | PBL1012 – Education Law |

1/15/2014 |

Malta’s state school is based on the British educational system, due to its colonial past. The law regulating Education in Malta (Act XXIV of 1988) defines the rights and obligations of students, parents, the State and Non-Governmental Organizations in the sphere of Education. There are various objectives the Act purports to achieve to cater for the educated person. These include holistic education and life-long education which are vital and fundamental to the whole purpose of the re-established Act of 1988.

Holistic Education
The Act caters for the “full development of the whole personality including the ability of every person to work”. This is what is called holistic education which is based on the principle that students find their identity and purpose in life by connecting to the community, nature and humanitarian values. The purpose of holistic education is not only to prepare students for academic success, but it also brings about a passionate love for learning and an intrinsic reverence of life. Indeed, they learn about themselves, healthy relationships, social responsibility, and compassion amongst other things. Moreover, it tends to eliminate the general and prevalent idea that attending classes/conferences/information meetings is merely done out of obligation. Rather, holistically educated people do so because they are interested and motivated to learn for their individual growth and well-being.

Moreover, although each school has its own individuality, The Education Act obliges the state to “establish a National Curriculum Framework of studies for all schools” so that all students would follow a uniform curriculum. This means that the state also provides a structure so that education in Malta turns out to be a well-organized and efficient one. Most of the Maltese schools are named after a patron saint, for example, “St. Joseph School”. The purpose of this is that the students learn more about the saint; feel like they belong to that particular school and it also forms part of their identity.

Life-Long Education
The Education Act of 1988 provides for the “right of every citizen of the Republic of Malta to receive education and instruction without any distinction of age, sex, belief or economic means”. There was a time when the female gender was not allowed to receive education since females were encouraged to stay at home and learn basic domestic skills. Nowadays, the state obliges itself to provide free education for all, regardless of age, sex, gender or economic means. In effect, students are enticed to continue studying because the government pays them to do so. This is something which is crystallized in the law. It encourages more and more students to keep on studying and maintain a life-long education. As a result, Malta would have a number of the population who are voluntarily self-motivated to learn which enhances active citizenship and personal development. Additiionally, it would increase employability and competitiveness within the labour world.

Since this form of education has become so important in our lives, many short and long courses have developed for those who are interested in learning something new or furthering their studies, especially those who have stopped studying a while back. Nowadays, the Education Ministry’s Directorate for Lifelong Learning provides Lifelong Learning Evening Courses in subjects including Chinese, creative arts, stone-carving, Maltese sign language, amongst others. Adult learners are constantly increasing each year, some of which are professionals such as doctors and lawyers. This, in turn, will help them in their careers, for example, a lawyer who has some background knowledge in hairdressing would understand that some hair dye products might cause allergies to specific skin-types. This information might aid the lawyer in Court.

This Act promotes the ideology that life-long education is as important as the degree one attains once finishing a University course. Thus, it is not a means to an end but as a means in itself. Extra education in areas which are of interest to the individual would still be valuable to the community as well as essential for the development of the individual’s personality and expertise. Being informed on various subjects will allow persons to reach their full potential whilst they might also wish to specialize in a particular subject they prefer. Having graduated from a course does not mean that one is an expert in the actual job. One must discover how to apply what he/she learned and this is a skill which comes with experience and practice in that particular field. For example, doctors need hands on experience in hospital and a supervisor to instruct them in their first few years of work. Learning from mistakes made is part of the learning process. This is why a newly graduated midwife should be given proper instructions and practice before being solely responsible in assisting a mother in child-birth. In this case, two lives need to be taken care of. As a result, unnecessary risks in such circumstances should be avoided.

In Malta, the Education Act introduced the Università della Terza Età which caters for the elderly who voluntarily want to learn and keep their minds sharp. In fact, experts believe that education may help keep the memory strong if a person gets into the habit of being mentally active. Furthermore, education is associated with better mental brain functioning in old age. Such a university gives elderly the opportunity to socially interact with peers and feel motivated for something whilst also being an excellent example to their grandchildren. It also reduces cases with regards to elderly people suffering from mental diseases or diseases which come about because of loneliness and seclusion such as depression.

The Three Foundations of Education
The law of education is a law which is dynamic and which has always been prevalent in our country. The psychological, philosophical and sociological foundations of Education are imperative to understand Education. On the one hand, it is sociological because people’s lifestyles changed considerably when the government introduced free education. People underwent a transition from working and receiving income to utilizing their precious time to study and attend lessons. On the other hand, it is psychological because education provided better conditions in society and long-term benefits. It guarantees a better future where fewer problems may arise. For example, doctors are well-trained and knowledgeable about the most recent medicine which might save a person’s life. This life would not have been saved were doctors not taught about how to heal an individual. Similarly, an individual’s life is safeguarded if he is proved innocent in a court of law. Each person - in their specific line of work - offers a great deal of services to a vast amount of people requiring their service. Therefore, society benefits from such people since they improve their life conditions. It is also philosophical because people’s perception about education changed in a radical way. Whereas before education was associated with the rich, nowadays everyone is entitled to receive education and so young people acquired the necessary drive to enjoy this benefit and plan out their successful life the way they wished to do so.

The Education Act
The University of Malta is independent from the government since it has a distinct legal personality. The Budget is decided upon by the government but is given to the University to administer on its own. Moreover, the University of Malta is authorized to create subsidiary legislation. Since it is the University itself which understands the essential needs of the student, being able to pass laws with regards to the university is of utmost importance. In this way, there is a direct communication link between the student and the authority creating delegated legislation which ultimately concerns the student’s welfare.

There are two Directorates of Education: The Director for Quality and Standards of Education and the Directorate of Educational Services. Their common duties are enshrined in article 12, one of which being that they should cooperate with local and foreign institutions to offer scholarships, PHDs and masters, particularly in the institutions and programmes of the European Union. Moreover, article 13 states that the Directorates must “respect the diversity of educational institutions” and the government has the obligation to participate in foreign exchange, such as Erasmus.

In addition, the Education Department was restructured to increase the participation between the teacher, the parents and the students. The right of choice is given to every parent since they are allowed to voice their opinion with regards to any matter concerning the education which their child is to receive and the students can voice their thoughts on several matters via their Student Representatives in the Faculty Boards. This is important as it allows the parents to always be aware of their childhood’s growth in education.

Obtaining your licence to open up a new school is not an easy task. When it comes to licensing for education institutions, there are certain criteria which one needs to follow. For example, playschools should not have a staircase and the tables used should not have sharp corners. This is because these might be of danger to young children. On the other hand, the minimum requirement for a teacher to teach is to be in possession of a temporary warrant.

Education makes up an immense part of a person’s lifetime and it is essential that every person receives education. The Education Act provides the right skills for students to follow the right path and become holistically educated persons. Apart from being able to build a successful career in a subject which interests them, educated people would also have a positive mental outlook on life. The beauty and essence of the Education Act is that the art of education deals with something which goes beyond the four walls of the classroom.