NON-STATE ACTORS IN EDUCATION
2.2 Non-state education provision
3.1 Regulations by distinct levels of education
- Early childhood care and education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Primary and secondary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Tertiary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
3.3 Supplementary private tutoring
1. Terminology
The 2008 Constitution (S. 59, Art. 3) stipulates that the State shall recognise and supervise “private and co-operative education”, from early childhood education to tertiary education.
The 2008 Education Law no. 14 (Art. 1) states that the educational system is developed through “various structures and actions, at the initiative and under the responsibility of various institutions and public, private and cooperative entities”. It also stipulates that special education and out-of-school education, for instance, belong to the central and local administration and other entities private or cooperative, collective or individual, namely, “private institutions of social solidarity, parent associations, associations of students and juvenile organisms, cultural and recreational associations, tenant associations, associations of popular education, civic or religious organizations and trade or employer associations”.
Finally, the 2011-30 National Education Strategic Plan states that the Ministry of Education considers “desirable and indispensable the role of the Churches, as well as Foundations, NGOs and other stakeholders in the promotion of education through private and cooperative education”.
2. Typology of provision
2.1 State education provision
State schools
Basic education is universal from age 6 to age 14. Primary (age 6 to 11) and secondary (age 12 to 17) education are compulsory. In this regard, the 2008 Constitution (S. 59, Art. 1) stipulates that the State shall “promote the establishment of a public system of universal and compulsory basic education that is free of charge in accordance with its ability and in conformity with the law”. In 2019, most of the students at the primary level (cycles 1 to 3) (85.8%) and secondary level (67.4%) attended public schools. Public schools are state-run and state-funded.
Public schools are free in the sense that they cover school fees, charges and emoluments related to enrolment, attendance and certification. The Ministry of Education abolished school fees in 2008 and introduced school grants. The 2008 Education Act adds that students are also able to use available schools books and materials free of charge. Transportation, food and lodging may also be provided, when necessary.
Non-state managed, state schools
No information was found.
Non-state funded, state schools
The country can count on government and international funding to finance public education. Various organisations, including the World Bank, contribute to the funding of public education.
2.2 Non-state education provision
Independent, non-state schools
In 2019, a minority of the students at the primary level (cycles 1 to 3) (14.2%) and secondary level (32.6%) attended private schools. Independent non-state schools include schools operated by religious denominations, which have played a very important role in Timorese education both historically and currently. The country does not refer explicitly to independent “low-fee” private schools in official documents.
State-funded (government-aided), non-state schools
The 2008 Education Law no. 14 (Art. 3) stipulates that the State supports private and cooperative education “pedagogically, technically and financially”. The school grants policy was introduced in 2004/05 and applies to public and private schools at primary, secondary, and technical/professional levels. The 2005 Ministry of Education and Culture Strategic Plan for Universal Primary Completion by 2015 aimed to prioritize the use of public resources for routine maintenance of public schools and “only provides subsidies, whenever possible, the repair of the poorest private schools”. In 2004, the World Bank stated that many priests and nuns in private schools are on the government’s payroll, although Catholic schools often pay for additional teachers from their own resources. It indicated that the state has been paying most of the bill for teachers’ salaries in religious schools and provides free textbooks to their students, even though these schools charge fees.
Contracted, non-state schools
The 2008 Education Law no. 14 (Art. 51) stipulates that the State supports financially, “through contract and under terms of law”, private and cooperative education. In parallel, the 2012 Decree-Law 29 (Art. 8) indicates that the approval of an accreditation procedure for educational institutions implies the “signing of contracts” for both private and non-private institutions.
2.3 Other types of schools
Homeschooling
The Primagama Homeschooling Centre provides homeschooling (sekolahrumah) in Timor-Leste. Its existence is legal and recognized by the Ministry of Education. This Centre follows the same curriculum as formal schools and adopts the same standards. Homeschooling can be provided by parents and families at home or other locations "in a unique, plural, and community-based form".
Market contracted (Voucher schools)
No information was found.
Unregistered/Unrecognised schools
Official statistical sources do not include unrecognised or unregistered schools.
Cooperative schools
The 2008 Education Law no. 14 (Art. 5) underlines the importance to ensure the organization and functioning of “cooperative schools”. The 2004 Decree-Law on cooperatives highlights the importance of the cooperative sector “as a form of ownership and community intervention” in the country’s economic life and specifies that cooperatives “provide education and training for their members, elected representatives, managers, and employees so they can contribute effectively to the development of their cooperatives”.
3. Governance and regulations
The Minister of Education, Youth and Sports “supports initiatives in private and cooperative education, including community”. The 2008 Decree-Law no. 2 describes the structure of the Ministry of Education. In parallel, the National Education Commission (CNE) is a mechanism for promoting inclusive and participatory dialogue among all stakeholders in the education sector “and close coordination between the Ministry of Education, civil society, the private sector and development partners”.
Regarding the organization of the Early Childhood Education system, the State is responsible for ensuring the existence of a network of public pre‐schools, which also consists of kindergartens from local administrations and other private and cooperative entities, whether collective or individual, namely private civil society organisations, parent associations, resident associations, civic or religious organizations and union or employer associations. At the tertiary education level, the National Agency for Academic Evaluation and Accreditation (ANAAA), established in 2010, aims to define standards and criteria for academic accreditation and assessment of institutes and their programmes. At this level, the National Directorate for Technical and Higher Education is the central service responsible for the coordination and execution of policies related to private and cooperative institutions, “without prejudice to the scientific and educational autonomy of higher education institutions, as well as the training of their staff”.
Finally, the Government can also count on the support of the Secretary of State for the Promotion and Support of the Private Sector which aims to promote better coordination and alignment of private sector initiatives. However, its contribution to the education sector is not specified.
Timor-Leste does not have a Religious ministry separate from the Ministry of Education, Youth and Sports that takes decisions on non-state education.
Vision: Different regulations apply to all levels of education. As mentioned, the 2008 Constitution recognizes the role of the Ste to oversee private and cooperative education. The 2008 Education Law no. 14 (Art. 51) aims to “offers freedom of educational opportunity for families”. The State recognizes the “value of private and cooperative education, as a concrete expression of the freedom to learn and to teach” (Art. 1). In addition, private and cooperative education are organized and function under the terms of their own statutes, leaving the State to support them pedagogically, technically and financially (Art. 5). Moreover, education is aimed to ensure the “public service of education and of teaching, through a network of offerings from the central and local administration, as well as private and cooperative entities, to guarantee completely the needs of the entire population” (Art. 5).
The Education Policy maintains that social partnership is concretized through the support of private, cooperative and solidarity initiatives, in order to promote education and teaching at its different levels. On this basis, the 2017 National Policy for Inclusive Education aims at promoting the promotion of private sector participation and effective coordination between the different Government bodies and entities relevant to positively promoting inclusion in the education system. Finally, the 2011-30 National Education Strategic Plan argues that Churches, Foundations, NGOs and other private stakeholders perform a true mission of public service.
3.1 Regulations by distinct levels of education
The 2008 Education Law no. 14 (Art. 10) states that the network of pre-school education consists of “locally administered kindergartens and other private and cooperative entities, collective or individual, namely private institutions of social solidarity, parents associations, tenants associations, civic or religious organizations and trade or employer associations”. In pre-schools, children between three to five years develop the basic skills and knowledge to be prepared for basic education. In 2019, a minority of the students at the pre-primary level (39.6%) attended private schools.
Registration and approval: The 2012 Decree-Law 29 on the Legal regime of accreditation and evaluation of the preschool, primary and secondary education system states that the Ministry of Education has the competence to determine the planning of both public and private school networks in Timor-Leste. Article 7 defines the accreditation criteria, which include a judgment on the suitability and necessity of the creation of the educational establishment in view of the existing public, private, and cooperative supply. The accreditation of schools is also based on the achievement of minimum, intermediate or excellence levels for school infrastructure and equipment. It also takes into account the physical and material conditions installed for the pursuit of educational policies of didactic. That said, the decree does not refer explicitly to other types of requirements regarding the infrastructure of non-state provisions, such as single-sex toilets. The accreditation is non-transferable and is conferred for a determined time.
The 2010 Decree-Law no. 7 (Art. 5) on Legal Regime for Administration and Management of the Basic Education System stipulates that all private or cooperative educational establishments “accredited by the Ministry of Education” comply with a “specific model for administration and management”. This model is established by way of cooperation mechanisms executed between the Ministry of Education and the institutions to “meet the specificities and needs of private and cooperative education and also ensuring compliance with the guidelines of the administration and management model ordained by this statute”. Finally, the 2011-30 National Education Strategic Plan states that policies and guidelines for registration and operation of private non‐profit institutions schools at this education level will be developed. The National Directorate of Early Childhood Education will be key in this regard and will be responsible for defining the standards for school accreditation, registering and monitoring all private kindergartens schools.
Licence of non-state education provision: The functioning of educational establishments at any scholastic level by public, private or cooperative entities requires that an adequate licence be issued by the Ministry of Education (Education Law no. 14, 2008, Art. 46). For more information, see Multi-level regulations.
Profit-making: No information was found; however, the 2011-30 National Education Strategic Plan has identified targets for the number of pupils attending pre-schools run by “private non-profit institutions”, only.
Taxes and subsidies: Private institutions are supported by the government in the provision of pre-school materials and the training of teachers. For more information, see Multi-level regulations.
Quality of teaching and learning
Curriculum or learning standards: It is the duty of the ministry responsible for educational policy to define general standards for pre-school education, namely as relates to their functioning and educational content (Education Law no. 14, 2008, Art. 10). For more information, see Multi-level regulations.
Teaching profession: The National Institute for Teacher and Education Training (INFORDEPE) is dependent on the Minister of Education, Youth and Sport. It may sign agreements, protocols, contracts and other covenants with public or private, national or international institutions. The 2011-30 National Education Strategic Plan intends to fully train 1,500 new teachers to the Ministry of Education competence standards (700 in public and 850 in private schools). For more information, see Multi-level regulations.
Fee-setting: No information was found.
Admission selection and processes: No information was found.
Policies for vulnerable groups: The 2011-30 National Education Strategic Plan intends to implement a package of measures to stimulate partnerships for the development of new classrooms in the private sector, particularly in the most disadvantaged areas.
Quality assurance, monitoring and accountability
Reporting requirements: See Multi-level regulations.
Inspection: The ministry responsible for education must define general standards for pre-school education regarding supporting, evaluating, inspecting and monitoring its compliance (Education Law no. 14, 2008, Art. 10). For more information, see Multi-level regulations.
Child assessment: No information was found.
Sanctions: The State can close all the education establishments that do not fulfil fundamental quality criteria (Decree-Law 29, 2012, Art. 3).
Registration and approval: All private or cooperative educational establishments “accredited by the Ministry of Education” comply with a specific model for administration and management (Decree-Law no. 7, 2010, Art. 5). As with pre-primary, the 2012 Decree-Law 29 (Art. 7) defines the accreditation criteria for educational institutions (see “Registration and approval in the section above).
Licence: The functioning of educational establishments at any scholastic level by public, private or cooperative entities requires that an adequate licence be issued by the Ministry of Education (Education Law no. 14, 2008, Art. 46). For more information, see Multi-level regulations.
Water, sanitation and hygiene (WASH): The accreditation of schools based on the achievement of excellence levels for school infrastructure and equipment, sanitation, hygiene and public health, school sports, safety and food (Decree-Law 29, 2012).
Profit-making: No information was found. According to the 2011-30 National Education Strategic Plan, “the lack of a well-articulated public system to provide relevant quality education has been covered by private, not-for-profit institutions” (p. 30).
Taxes and subsidies: The Programme of the Eighth Constitutional Government aims to implement an “educational system of reinforcement” for public and private schools that provide specialised educational service to students with special educational needs, “allowing them to better serve the population”. For more information, see Multi-level regulations.
Quality of teaching and learning
Curriculum or learning standards: The 2008 Constitution (S. 122) guarantees the freedom to teach any religion in the framework of the respective religious denomination. For more information, see Multi-level regulations.
Textbooks and learning materials: No regulation was found, but the 2011-30 National Education Strategic Plan aims to monitor through BMIS/EMIS data the number of classrooms established and furniture conditions in private and public schools.
Teaching profession: The National Institute for Teacher and Education Training (INFORDEPE) is dependent on the Minister of Education, Youth and Sport. It may sign agreements, protocols, contracts and other covenants with public or private, national or international institutions. For more information, see Multi-level regulations.
Corporal punishment: The 2008 Education Law no. 14 does not mention this issue, however, the Government reported has adopted a “Zero tolerance” policy in schools, which states that a person inflicting corporal punishment on a child would be removed from their position. In addition, the Teachers’ Code of Conduct includes a prohibition of the use of corporal punishment by teachers and other educational staff (guideline 24.2). Finally, the 2012 Draft Child Code prohibits corporal punishment, psychological punishment undermining the dignity of the child and collective punishment in schools.
Other safety measures and COVID-19: The Ministry of Education published the 2021 COVID-19 response plan. Its campaign on COVID-19 targeted public, private and community schools to raise awareness among parents, communities and students about COVID-19 and prevention measures. Cleaning materials and hygiene kits were also distributed.
Fee-setting: The school grants policy was introduced in 2004/05 and applies to public and private schools at primary and secondary levels and “aims to abolish school fees”. No additional information was found.
Admission selection and processes: No information was found.
Policies for vulnerable groups: No regulation was found. However, the government provides subsidies for the school feeding programme in private schools. In addition, the 2017 National Policy for Inclusive Education aims at strengthening public-private partnerships and the involvement of other local stakeholders in supporting inclusive education and protecting people belonging to the most vulnerable and vulnerable and disadvantaged groups.
Quality assurance, monitoring and accountability
School board: The 2012 Decree-Law 29 identifies among the key criteria for school accreditation the consistency of the school management and administration model, which must be coherent with the Ministry's educational policy goals. The 2011-30 National Education Strategic Plan states that school councils in all institutions aim to encourage the establishment of parent/community associations in all the cluster communities. This association “will provide a reference forum for the school on a variety of topics, in particular allowing for parents to voice their opinions and support on a variety of school‐based matters and issues” (p. 82).
Reporting requirements: See Multi-level regulations.
School inspection: The 2008 Organic Law of the Inspectorate defined the Inspectorate in Section 1 as a “central service of the Education Ministry, having technical and administrative autonomy, with responsibilities for supporting, issuing instructions and inspecting the areas of pedagogic methods, administration and finances of the educational system.” It aims to “evaluate and inspect the pedagogical methods of the institutions, offices and activities from the different levels of private and cooperative education, and vocational public training”. For more information, see Multi-level regulations.
Student assessment: The assessment system must measure the performance of the national education system in comparative terms, based on student outcomes (Decree-Law 29, 2012, Art. 16). No information was found on large-scale student assessments.
Diplomas and degrees: Basic education is sanctioned by a certificate attesting to the end of a school year or cycle. Successful completion of secondary education also grants the right to receive a diploma certifying the acquired training, as well as a certificate. No information was found on the issuance of these certificates in private institutions.
Sanctions: As for pre-primary schools, the State can close all the education establishments that do not fulfil fundamental quality criteria (Decree-Law 29, 2012, Art. 3).
Tertiary education establishments include university institutions, technical institutions or academia. The Decree-Law no. 8/2010 of May 19 Legal Regime for Upper Education Establishments (Art. 44) states that private upper education establishments enjoy cultural, scientific and pedagogical autonomy.
In 2010, according to the World Bank, 42.9% of students attended a private tertiary institution. The National Human Development Report 2018 states that private universities in the country “seem current to dominate the market for post-secondary training “(p. 80).
Registration and approval:
The 2011-30 National Education Strategic Plan specifies that students will have access to a wide range of public and private universities, “which will be rigorously accredited to ensure high standards of quality”. The authorization for the creation and functioning of institutions and courses of private and cooperative higher education must adhere to the principles and rules common to all higher education (Education Law no. 14,
2008, Art. 35).
In parallel, the autonomy of private institutions does not exclude external accreditation and evaluation procedures (Decree-Law no. 8, 2010, Art. 8); however, the creation and operation of upper education establishments “are subject to the same set of core requirements”, regardless of their public or private status (Art. 16). Private upper education establishments may be created by entities with the legal status of foundations, associations or cooperatives specifically organized for that purpose, as well as by non-profit cultural and social entities that include the provision of upper education among their purposes. In addition, private institutions may also be created by companies or business corporations. These institutions must fulfil the appropriate requirements of institutional competency and financial sustainability (Art. 13). Institutions must allocate the appropriate facilities and equipment to the establishment (Art. 14).
Licence: The government grants the official recognition of private upper education establishments as establishments operating in the public interest (Decree-Law no. 8, 2010, Art. 11). For more information, see Multi-level regulations.
Profit-making: No information was found. Private upper education establishments may be created by non-profit cultural and social entities, but also business corporations (Decree-Law no. 8, 2010, Art. 13).
Taxes and subsidies: The 2011-30 National Education Strategic Plan aims at implementing a new regulatory framework and funding mechanisms for public and private institutions. For fundraising, the Universitas Timor Timur, described as a private university supported by a foundation, is under the control of the Indonesian Government. For more information, see Multi-level regulations.
Quality of teaching and learning
Curriculum or learning standards: Curricular plans of higher education must “respect each of the establishments which offer the respective courses established, or to be established, according to national and regional need and with a perspective of planning integrated in the respective network” (Education Law no. 14, 2008, Art. 35). In addition, the approval of the respective study plans must adhere to the principles and rules common to all higher education. In parallel, private institutions must request accreditation and registration of their study programmes, following opinions issued by the scientific or technical-scientific board of the establishment and by the president, dean or director thereof (Decree-Law no. 8, 2010, Art. 14). Finally, the 2011-30 National Education Strategic Plan proposes that public and private institutions providing university education should improve the quality and relevance of their courses “to better meet the social and economic needs of the country”, which would include providing more courses directly relevant to the labour market. For more information, see Multi-level regulations.
Teaching profession: Private institutions hire faculty and researchers following proposals by the president, dean or director of the establishments, upon consultation with the respective scientific or technical-scientific boards (Decree-Law no. 8, 2010, Art. 14). The staff of private institutions must be ensured “careers that are equalized” to the careers in the public institutions. In addition, staff in private establishments must hold the same qualifications and degrees legally required for the exercise of activities within the respective category in public upper education (Art. 27). For more information, see Multi-level regulations.
Fee-setting: Private institutions can establish the amount of tuitions fees and other charges due by students for attending the study programmes taught at the establishments, upon consultation with the executive board of the latter (Decree-Law no. 8, 2010, Art. 14).
Admission selection and processes: Access to higher education is governed by the principle of “equal opportunities to applicable candidates, under the law, the regulations and the specifications of each course”. It also states that higher education institutions may establish specific criteria, including written and oral tests to access certain courses (Education Law no. 14, 2008, Art. 18). Furthermore, it is the responsibility of institutions to establish the form of implementation of the assessment of capacity for course attendance, the selection criteria and the ranking of candidates.
Entry in each higher education institution and each course “may be subject to quantitative limitations arising from the number of places determined annually by the statutorily competent bodies of each institution and reported to the Directorate of Higher Education” (Decree-Law 36, 2009). The procedure for admission of students attending higher education institutions abroad and wishing to enter higher education in East Timor, before they have completed the course abroad “requires prior recognition of equivalences centralized at the National Directorate of Technical and Higher Education of the Ministry of Education” (Art. 1).
Quality assurance, monitoring and accountability
Board: The 2009 Decree-Law 36 states that a Coordinating Commission for Higher Education Access may be created for each school year. If such a Commission is created, two representatives of private and cooperative higher education shall be part of it. Private institutions may appoint and remove members of their board of directors (Decree-Law no. 8, 2010, Art. 14). In this respect, the governance and management bodies of the private institutions are freely appointed and exonerated by the president or dean of each institution (Art. 15).
Reporting requirements: Private institutions must “maintain all the academic records of the students who are candidates for registration in the establishments, as well as students already admitted, registrations made, final results obtained in each curriculum unit, equivalencies and recognition of degrees obtained and degrees and diplomas granted with their respective ranking or final qualification” (Decree-Law no. 8, 2010, Art. 14). For more information, see Multi-level regulations.
Inspection: The autonomy of upper education establishments, including private institutions, does not exclude governmental oversight or inspection (Decree-Law no. 8, 2010, Art. 8). In addition, all inspection reports in private institutions must be notified to the educational establishment and the instituting entity (Art. 46). For more information, see Multi-level regulations.
Student assessment: Private institutions are governed by private law “not contrary to the provisions of applicable legislation”, especially in regards to procedures involving student evaluation (Decree-Law no. 8, 2010, Art. 6).
Diplomas and degrees: Higher university education covers baccalaureate degrees, masters’ and doctoral degree courses, granting the titles of bachelor, graduate, master and doctor. The acknowledgement of the diplomas in all higher education institutions must adhere to the principles and rules common to all higher education (Education Law no. 14, 2008, Art. 35). Accredited institutions can grant academic degrees (Decree-Law no. 8, 2010, Art. 33).
Sanctions: The government can revoke the official recognition of private upper education establishments (Decree-Law no. 8, 2010, Art. 11). The instituting entities of private establishments may also “affect the closing of the educational establishments”, but all decisions must include appropriate measures to protect the interests of the students (Art. 29). Finally, the causes for compulsory closing of upper education institutions by determination of the Government include the failure to comply with the requirements necessary for operations, seriously negative institutional evaluation or serious institutional or pedagogical degradation in the conditions of operation (Art. 28).
3.2 Multi-level regulations
This section presents the regulations for early childhood care and education, primary and secondary education and tertiary education.
Licence: It is up to the State to licence private and cooperative education in legal terms (Education Law no. 14, 2008, Art. 3).
Taxes and subsidies: The State support private and cooperative education pedagogically, technically and financially (Education Law no. 14, 2008, Art. 3). Education is publicly financed based on transparent and fair objective criteria which motivate the best operational practices (Art. 5).
Quality of teaching and learning
Curriculum or education standards: Education aims to ensure the organization and functioning of public, private and cooperative schools to “promote the development of proper educational projects according to the curricular orientations of the national area” (Education Law no. 14, 2008, Art. 5). Establishments of private and cooperative education may adopt curricular plans and the programmatic contents of education offered in the public schools “or adopt their own plans and programmes, whose recognition is, under terms of law, recognized on a case by case basis, through positive evaluation of the respective curricula and the pedagogical conditions for carrying out teaching” (Art. 35).
Teaching profession: The State may support the continuing training of teachers exercising their functions in establishments of private and cooperative education “which is integrated in the network of educational offerings and public service teaching” (Education Law no. 14, 2008, Art. 49). Private and cooperative education must respect the principles, objectives and organization and rules of functioning regarding academic qualification and training demanded of the teachers (Art. 51). In addition, the 2011-30 National Education Strategic Plan aims to develop and implement a plan to increase the national capacity of public and private institutions for providing quality pre‐service teacher training, more specifically for pre‐school, basic and secondary education.
The country adopted the 2012 Law No. 4 on Labour, which covers both state and non-state employees.
Quality assurance, monitoring and accountability
Reporting requirements: Education in public, private and cooperative schools must comply with the norms of operational autonomy, through responsibility for achieving educational and administrative objectives, subject to public evaluation of results (Education Law no. 14, 2008, Art. 5). The evaluation of the educational system should cover all levels and public, private and cooperative education (Art. 42).
Inspection: The General Inspectorate of Education evaluates and monitors institutions, services and activities at the different levels of private and cooperative education and training from a technical and educational viewpoint. It is up to the State to “evaluate and monitor private and cooperative education in legal terms” (Education Law no. 14, 2008, Art. 3). In addition, an inspection of education should include public-private and cooperative education, since; in this case, it exerts functions of auditing and control of legality (Art. 45). Finally, the Ministry of Education has produced a School Inspection Manuel which is intended for all superintendents and public/private school inspectors in all municipalities.
3.3 Supplementary private tutoring
No information was found.
Financial operation and quality
No information was found.
No information was found.
