Computer classes: Are they legal?

By Teoh El Sen - Free Malaysia Today

KUALA LUMPUR: The High Court here will decide whether it is illegal for government schools to conduct computer classes as part of their timetable and impose a fee for such classes.

Parents of students in SJKC Desa Jaya Primary in Kepong, who filed a lawsuit in February this year, are seeking a declaration that such classes contravened the Education Act 1996. The suit will be heard on Oct 29.

Lim Kian Teck, one of 18 parents involved in the suit, said the school abused its powers by forcing students to take computer classes during school hours and imposing a fee.

"When I enrolled my son in the school in 2007, I was shocked to discover that computer classes were part of the school's timetable and taught during the time allocated for teaching core subjects," said Lim.

"Each pupil was charged RM122 each year for the computer classes ," said Lim.

He claimed that the teachers were over-zealously coaxing, pressurising or harassing pupils to pay the charges under the guise of "voluntary contributions or donations".

"Those who did not pay up had been humiliated, isolated, unfairly treated and or penalised," he said.

"There were even cases where students were told to stand outside their classes or verbally threatened by teachers for not paying up the fee."

The defendants named in the suit are the headmistress of SJKC Desa Jaya, Chow Siew Fon; Deputy Education Minister Wee Ka Siong; former SJKC Desa Jaya PTA president Chu Han Wah; SJKC Desa Jaya board of governors chairman Tan Kim Hor, Edutech Holdings Sdn Bhd and Selangor Education Department director Sulaiman Wak.

About RM400,000 a year is being earned from about 4,000 students considering that each student had to pay RM122 each year.

"The director-general of education had in 1997 said collection of monies for computers was inconsistent with education policy regulations," said Lim.

He said that a March 2000 circular stated that the director-general encouraged computer clubs, not classes, to be set up as an extra-curricular activity outside of the school's official timetable.

"The circular said contributions and in the form of donations were acceptable," said Lim.

He also claimed that under the provisions of the Education Act 1996 and Education (National Curriculum) Regulations 1997, only core subjects stated in Schedule 1 of the regulations could be included in the timetables of government-aided schools.

Under the provision, all subjects in the approved timebles of government-aided schools are exempted from any fees.

"Computer class is not a subject in the approved timetables and is not within the ambit  of the Education Act 1996 or the Education Regulation," said Lim.

He said that a letter from the public complaints bureau under the Prime Minister's Office stated that the Gombak District Education Department had instructed the school to stop and remove computer class from the formal timetable as it violated existing regulations.

"It also stated that students should not be forced to attend computer class and no fee should be imposed.

"Despite this, in a subsequent dialogue with Chow, the headmisstress, she brazenly replied that she had instructions from the Deputy Education Minister's officer to continue conducting the computer classes," said Lim.

Speaking to FMT, the Alliance of Parents' Voices co-ordinator Alex Toong, one of the plaintiffs, said: "We estimate about RM100 million a year is being made from more than 1,600 Chinese schools nationwide. Where has the money gone?" asked Toong.

Instructions from Education Ministry

Meanwhile, one of the defendants, Edutech Holdings, represented by its director Ng Hock Seng, denied being involved in the scheme in his affidavit-in-reply.

FMT learnt that another company, Edutech Computer Centre Sdn Bhd, was handling the classes. The other defendants denied the classes were illegal.In Chow's affidavit-in-reply, she said computer classes have been conducted in SJK Desa Jaya since 1985 and was done in accordance with instructions from the Education Ministry.

The plaintiffs are asking the court to declare that:

• Computer classes in SJK(C) Desa Jaya, Kepong, are unlawful as it contravenes the Education Act.

• Only core subjects mentioned in Schedule 1 of the National Curriculum Regulation 1997 can be conducted in the timetables of government-aided schools, including Chinese primary schools.

• All subjects in the approved timetables of government-aided schools are exempted from any fee.

• Computer class is not a subject in the approved timetables and not within the ambit of the Education Act 1996. Hence, it cannot be included in the timetables of government schools.

• Neither the parents, PTA, nor education officers can overule the provisions of the Education Act, and include non-core subjects into the timetables and impose a fees.

• Wee, by authorising the computer classes, had abused his powers as Deputy Education Minister.

• The headmistress of the SRJK Desa Jaya had abused her powers by including computer classes in the school's timetables, authorising collecting fees from pupils, and authorising “outsiders” to manage and teach computer classes.

• The school PTA does not have the authority to organise or conduct such classes or demand or collect fees for the said classes.

• It is unlawful for the PTA to collect fees, whether in the guise of voluntary donations or voluntary contributions; and to manage those  monies collected.

• The board of governors of SJKC Desa Jaya had acted unreasonably with regard to the computer classes and failed in their duty under the Education Act, by condoning and encouraging computer classes to be inserted into the school's timetables and to levy charges.

• It is unlawful for Edutech Computer Centre to conduct computer classes and to impose charges.

• The Selangor Education Department director had acted beyond his powers by openly supporting the computer classes through the media.

• All monies illegally collected shall be refunded to the respective parents, with an interest of 8% per annum.

• Liberty for the plaintiffs to apply for any further order from the court and also further reliefs deemed fit.