NON-STATE ACTORS IN EDUCATION

1. Terminology

2. Typology of provision

2.1 State education provision 

2.2 Non-state education provision 

2.3 Other types of schools 

3. Governance and regulations

3.1 Regulations by distinct levels of education

3.2 Multi-level regulations 

3.3 Supplementary private tutoring 

 

  1. Terminology

The 1998 Private Educational and Training Institutions Law No. 25 (Art. 1) defines a “private educational institution” as every educational institution that is non-governmental that undertakes educational activities and is overseen by the Ministry of Education, regardless of the nationality of its owner. A “private training institution” is further defined as any non-governmental entity that undertakes training activities and is established and financed by natural or legal Bahraini persons or those in partnership with individuals or institutions that are non-Bahraini. Alternatively, it may also be established by a foreign institution that is located outside of Bahrain in partnership with Bahraini natural persons or legal persons or a foreign institution owned entirely by non-Bahrainis. The purpose of such an institution is to train individuals to undertake a particular profession, increase one’s skills, improve one’s abilities, or increase productivity under the administration of the Ministry of Labour and Social Development.

The 2007 Resolution No. 1 refers to “Private Higher Education Institutions (PHEIs)”, but does not define non-state actors.

 

  1. Typology of provision

2.1 State education provision

State schools

In Bahrain, most primary (ages six to 11) and secondary (ages 11 to 17) schools (74.6%) are state schools. Basic education is compulsory for children between the ages of 6 until 15 and all state schools are free for both citizens and non-citizens (Law No. 27, 2005). In the 2017-18, most students (62.8%) attended government schools which include 209 government-managed schools that offer primary through secondary education and three religious institutes for boys.

State schools are segregated by gender at all levels and the primary language of instruction is Arabic. Religious education takes place in five specialised state institutes overseen by the Ministry of Education and is provided to boys only. These institutes take the same direction of basic education and secondary education in general education in terms of the number of years of study and the age of admission, except that it focuses on Islamic religious studies, with the aim of preparing men to have a decent level of experience in the affairs of the Islamic religion. The curriculum in these institutes is identical to the government curriculum.

Non-state managed, state schools

No information was found.

Non-state funded, state schools

No information was found.

2.2 Non-state education provision

Independent, non-state schools

Non-state education consists of 71 non-state schools offering primary to secondary education. In 2017-18, 37.2% of students attended non-state schools. Non-state education offers co-educational and gender-segregated options.

Amongst these 71 non-state schools, three types of non-state education actors exist, as noted in the 1998  Law No. 25 (Art. 1). First, national private schools are regulated by the Ministry of Education but are often operated by Bahraini citizens in collaboration with foreign partners. These schools primarily cater to citizens and use the Ministry of Education curriculum. The second type are foreign private schools”, which primarily cater to expats and use a foreign curriculum, but this curriculum must be approved by the Ministry of Education. In total, the Ministry of Education lists 22 different curricula and combinations of curricula in the country including American, Bangladeshi, British, Canadian, Filipino, French, IB, Indian, Japanese, Pakistani, and SABIS. Although a foreign school uses a foreign curriculum, the Ministry of Education specifies regulations on when and how much Arabic language, Islamic studies, and Bahraini history and geography classes must be taught at foreign non-state schools. The language of instruction varies depending on the curriculum. The third type of school is “foreign community schools” which are established and financed by a foreign community but are not open to the public and only cater to their specific foreign community.

Additional information on the breakdown of non-state education could not be located as the public directory of schools and the Ministry of Education’s school statistics are not broken down by type of non-state school.

State-funded (government-aided), non-state schools

No information was found.

Contracted, non-state schools

No information was found.

2.3 Other types of schools

Homeschooling

No official information was found. However, some companies cater mostly to expats who wish to educate their children at home and are officially registered and licensed businesses. No information on how homeschooling businesses are registered was found. Online forums indicate that the Ministry of Education will not certify secondary qualifications if a student was not enrolled in a school under its jurisdiction, meaning that these students cannot enrol in universities.

Market contracted (Voucher schools)

No information was found.

Unregistered/Un-recognized schools

No information was found.

 

  1. Governance and regulations

The Department of Private Education under the Ministry of Education is responsible for overseeing non-state institutions. It further coordinates with other departments to provide technical assistance to all non-state education institutions, such as in relation to finding teachers and providing such schools with certain kinds of textbooks (i.e. related to history, geography, Arabic, and Islamic). Under the 1998 Private Educational and Training Institutions Law No. 25 (Art. 1), the Ministry of Education is listed as the main regulator of non-state educational institutions, which include nurseries, kindergartens, and primary, intermediate, and secondary schools. However, the Ministry of Labour and Social Development (MLSD) also plays a key role in regulating non-state educational institutions, for example, by overseeing nurseries and any non-state training and vocational institutions.

Both non-state and state tertiary education is regulated by the Higher Education Council, which is chaired by the Ministry of Education according to the 2005 Law No. 3. The Higher Education Council regulates, promotes, and monitors non-state higher education institutions. The 2007 Higher Education Resolutions serve as the key documents regulating higher education in the Kingdom. The Ministry of Education is in charge of several regulatory bodies operating at the K-12 and post-secondary levels, including the Education and Training Quality Authority (BQA) and the Higher Education Council.

Vision: The 2019-22 Strategic plan of the Ministry of Education, which focuses on all levels of education, identifies the private sector as a key source of funding in the education system and should be encouraged to invest in all levels of education. No further information on how the role of non-state actors in education is envisioned by the Ministry of Education could be located.

 

3.1 Regulations by distinct levels of education
 

Early childhood education is provided by the private sector only. For the 2017/18 academic year, the Ministry of Education identified 63 nurseries attended by 4,216 children (under the age of 3) and 131 kindergartens attended by 34,585 children (3-5 year-olds) in Bahrain. The 1998 Private Educational and Training Institutions Law No. 25 regulates non-state nurseries and kindergartens and primary and secondary education.

Entry/Establishment

Registration and approval: See Multi-level regulations

Licence: The 2012 Law No. 37 (Art. 35-36) stipulates that licensing a kindergarten is subject to the plans and programmes of the Ministry of Education and its administrative and technical supervision. This law does not include any information about the requirements for providers to open a non-state kindergarten, specifically. For more information, see Multi-level regulations.

Financial operation

Profit-making: See Multi-level regulations

Taxes and subsidies: No information was found.

Quality of teaching and learning

Curriculum and education standards: The 1998 Private Educational and Training Institutions Law No. 25 does not reference curricula for kindergartens or nurseries. No additional information was found.

Teaching profession. See Multi-level regulations

Equitable access

Fee-setting: See Multi-level regulations

Admission selection and processes: No information was found.

Policies for vulnerable groups: See Multi-level regulations

Quality assurance, monitoring and accountability

Reporting requirements: See Multi-level regulations

Inspection: See Multi-level regulations

Child assessment: No information was found.

Sanctions: See Multi-level regulations

Entry/Establishment

Registration and approval: See Multi-level regulations

Licence: See Multi-level regulations

Water, Sanitation and Hygiene (WASH): In a recent WASH programme evaluation, Bahrain was fo to meet 100% of the basic water and sanitation needs of children in primary and secondary schools. No additional information was fo regarding the WASH requirements in non-state schools.

Financial operation

Profit-making: See Multi-level regulations

Taxes and subsidies: No information was found.

Quality of teaching and learning

Curriculum and education standards: Non-state institutions must use a Ministry-approved curriculum or seek prior approval. It specifies that the Ministry of Education has the authority to change or suspend programmes and curricula that are found to be inconsistent with the laws and policies of the country (Private Educational and Training Institutions Law No. 25, 1998, Art. 19). The Arabic language, Islamic education, and social studies subjects must be taught at the primary, intermediate, and secondary levels using the Ministry of Education’s curriculum (Art. 21). Furthermore, a non-state institution’s materials, including those that follow a foreign curriculum, must comply with the books, curricula, hours, and other regulations approved by the Ministry of Education for the subjects of Arabic language and Islamic studies (Art. 22). Non-state institutions must respect the laws and sovereignty of the state (Art. 23).

Textbooks and learning materials: The Ministry of Education has the authority to change or suspend textbooks that are found to be inconsistent with the laws and policies of the country (Private Educational and Training Institutions Law No. 25, 1998, Art. 19). In addition, books, bulletins, publications, programmes and the contents of libraries of a private educational or training institution “shall not prejudice the religious, national, pan-Arab values and traditions of the country, nor shall they contain advertising or publicity material of a country that is hostile to, or in a state of war with, the State of Bahrain” (Art. 20).

Teaching profession: The Ministry of Education specifies the qualifications a teacher must have, which vary by teaching area and grade level. These include having a bachelor’s degree in education for the primary level, and a degree in the subject they are teaching, alongside a minor in education for the intermediate and secondary education levels. In addition, the Ministry of Education requires teachers to pass subject proficiency exams. However, it is not noted if these requirements are for both state and non-state school teachers, and this information could not be located in formal laws and regulations. For more information, see Multi-level regulations.

Corporal punishment: The 1992 Code of School Discipline, which was issued by the Ministry of Education in Ordinance No. 549/168-1 of 1992, prohibits corporal punishment. However, the 2005 Education Act and other laws governing education do not explicitly address the topic.

Other safety measures and COVID-19: No additional information was found.

Equitable access

Fee-setting: See Multi-level regulations

Admission selection and processes: No information was found.

Policies for vulnerable groups: See Multi-level regulations

Quality assurance, monitoring and accountability

School board: The 1998 Private Educational and Training Institutions Law No. 25 (Art. 11) outlines the requirements that managers of non-state education and training institutes must comply with, including certain qualifications, having a good reputation/conduct without convictions, and being approved by the minister. Managers who are non-citizens must renew their approval every two years. All non-state education institutions must have a board of directors that must be formed and its specialisation is determined in accordance with certain conditions and rules upon which a decision is issued by the Minister (Art. 13).

Reporting requirements: See Multi-level regulations

School inspection: See Multi-level regulations

Student assessment: The 2010 Educational Evaluation System in Basic Education specifies the types of student evaluations to be conducted in primary and intermediate schools when a student is permitted to progress to the next level based on his/her performance on formative evaluation and the procedures to be undertaken if a student does not meet the minimum requirements. The 1995 Educational Evaluation System for the Secondary Education (amended in 1997) specifies the requirements of student assessment for secondary education, including the requirements for completing high school (Art. 2), what an evaluation must consist of (Art. 7), and the grades required to obtain the high school completion certificate (Art. 8). No additional information regarding mandatory standardised testing in non-state institutions was found.

Diplomas and degrees: No information was found.

Sanctions: See Multi-level regulations

Non-state institutions include institutes, colleges and universities. There are currently 13 non-state universities operating (of a total of 17 higher education institutions). One of these institutions, the Royal University for Women, is a non-state, single-sex university.

Entry/Establishment

Registration and approval: Applications to establish non-state higher education institutions shall be submitted to the Secretariat General of the Higher Education Council (Resolution No. 1, 2007, Art. 2). The council is responsible for approving the establishment of non-state education institutions subject to the criteria mentioned in the resolution. Depending on the type of applicant (i.e. a natural person vs. a legal person), different documents must be submitted to the General Secretariat of the Higher Education Council Art. 5). For example, an official representative of an institution/company/association must submit a copy of the company publicity contract, a list of the members of the institution’s governing body and a registration certificate, among others. The other documents that must be attached to the application include the institution's president's CV and the CVs of all members of the Board of Trustees; a description of the colleges/departments/majors proposed; an annexe mentioning the number of students expected to be admitted during the first year and the proposed fees; a commitment to allocate 3% of the net annual income for scientific research and 2% of the revenues for the professional development of the administrative body; and a commitment to the appointment of an external auditor to audit the annual final accounts.

The licensing applicant is to deposit a cash security in the name of the institution in a licensed bank in the Kingdom of Bahrain, equivalent to 20% of the revenue earned during the first year, with a minimum of approximately 265,000 USD (BHD 100, 000) and a maximum of roughly 3.98 million USD (1.5 million BHD) (Resolution No. 1, 2007, Art. 4). It is used to meet the obligations arising from the institution’s inability to continue and its failure to provide similar educational opportunities for the students who wish to continue their studies or to enable the students to recover their tuition fees according to the 2005 Law No. 3 (Art. 12) concerning Higher Education. According to the 2007 Resolution 3 (Art. 5), charges for reviewing the application incur at a rate of 3% of the amount of income received during the first year. This amount is to be used as payment and compensation of the officials who examined the application according to the rules of payment determined by the Ministry of Education.

The Secretariat General of the Higher Education Council is responsible for reviewing and referring the application to the Educational Checking Committee to check it against the criteria and terms of licensing of non-state higher institutions. Following this, the Secretariat General prepares a report on the application and then refers the application along with the report to the Higher Education Council not later than a month from the date of application.

Licence: Upon attaining the approval of the Higher Education Council, an official decision to affect the licence will be granted to the applicant by the Minister of Education (who is also the Head of the Higher Education Council) (Resolution No. 1, 2007, Art. 8). Institutions seeking a licence must achieve the objectives of higher education stipulated in the 2005 Law No. 3 (Art. 2). No information was fo regarding the duration and renewal of the licence.

Financial operation

Profit-making: No information was found.

Taxes and subsidies: No information was found.

Quality of teaching and learning

Curriculum and education standards: No information was found.

Teaching profession: The faculty of higher non-state institutions should hold one of the titles of Professor, Associate Professor, Assistant Professor, Lecturer, or Teacher (Resolution 2, 2007, Art. 11). In addition, non-state institutions are to ensure that they fulfil the proportion of faculty members to students consisting of a ratio of 1:35 in humanity disciplines, 1:25 in the scientific disciplines, 1:25 in diploma programmes, and 1:15 of masters and doctoral programmes. However, it is not specified if this is the case for public institutions, too. No information was fo regarding teacher salaries or benefits (Resolution 108, 2008, Item No. 4).

Equitable access

Fee-setting: The institution is to comply with the tuition fees approved by the Higher Education Council in the licence issued for its establishment and no amendment to the fees is to be made without the consent of the Higher Education Council (Resolution 1, 2007, Art. 10).

Admission selection and processes: The 2007 Resolution 2 (Art. 13) states that the procedures and conditions of admitting new students are subject to the admission principles issued by the Higher Education Council. No regulations to promote access to non-state benefits for specific groups or vulnerable populations were found.

Quality assurance, monitoring and accountability

Board: Each institution should have a full-time president to undertake the management of the institution. They are to be appointed by a resolution of the Chairman upon the nomination and approval of the institution’s Board of Trustees (Resolution 2, 2007, Art. 6). A vice president is also to be appointed and is to fulfil the same conditions as the president (Art. 7). A college dean and an academic department head are also to be appointed, in addition to a board of trustees (Art. 10). The board of trustees is to consist of at least five experienced and specialized individuals, with the institution’s bylaws being used to determine the capacity and job specifications of the members [in relation to their roles].

Reporting requirements: No information was found.

Inspection: Non-state higher education institutions are to comply with the Quality Assurance Authority (QAA) standards (Resolution 3, 2007, Art. 16). The Department of Reviewing the Performance of Higher Education Institutions, belonging to the Education and Training Quality Authority, is responsible for overseeing the quality assurance procedures in place in the different educational institutions. This Authority is responsible for overseeing all universities in Bahrain. Moreover, it is further tasked with ensuring that the Authority’s review frameworks’ standards are met and match international standards. The Department undertakes two types of reviews: 1) an institutional review, which evaluates the specific standards and indicators in place at the university, and 2) an academic programme review, whereby the learning and teaching quality is evaluated, in addition to the academic programmes offered at the institution.

Student assessment: No information was found.

Diplomas and degrees: The results of an institution’s final examinations must be approved by the Higher Education Council’s concerned authority according to the rules and procedures determined by the institution’s internal bylaws (Resolution 2, 2007, Art. 15). The General Secretariat will certify the academic certificates issued by such institutions. Attestation and evaluation of such academic qualifications is applicable according to the 1995 Law Decree No. 19 concerning the Evaluation of Academic Qualifications.

Sanctions: A licence shall be revoked if the institution is not set up within three years from the date of issuing the licence. If the provider violates the schedule provided and if no financial guarantee is provided during the period, a decision to cancel the licence shall be issued by the Higher Education Council according to the 2008 Resolution 106 (Resolution 1, 2007, Art. 6).

3.2 Multi-level regulations

The 1998 Private Educational and Training Institutions Law No. 25 regulates non-state nurseries, kindergartens, and primary and secondary education, and is presented here.

Entry/Establishment

Registration and approval: Regulations include the requirements of the person or corporate entity applying, the requirements of the facilities, the requirements for staff and the governance of the institution, and the financial and accountability requirements. Once the required documents are submitted, a committee is formed comprised of officers from the Ministry of Education and the Ministry of Labour and Social Development to consider the application. The information available does not clearly identify the documents required. The committee has 60 days to review the application, whereby rejected applicants have 30 days to appeal the decision. This Law does not include information regarding infrastructures and the size of the classrooms (Private Educational and Training Institutions Law No. 25, 1998, Art. 4-14).

Licence: A licence must be renewed every three years and is non-transferable unless the owner dies, in which case it may be transferred to the owner’s heirs, subject to approval (Private Educational and Training Institutions Law No. 25, 1998, Art. 8).

Financial operation

Profit-making: No laws explicitly regulating the profits of non-state institutions could be located. However, the 1998 Private Educational and Training Institutions Law No. 25 (Art. 15) defines the types of revenue a non-state education institution is permitted to hold and that any fees imposed on students or trainees proceed from other activities, where gifts or subsidies must be approved by the ministry. The revenues of a private educational or training institution “shall be deposited with one of the commercial banks operating in the State of Bahrain in a special account in the institution's name” (Art. 17).

Quality of teaching and learning

Teaching profession: The qualifications of teaching and training staff must meet those determined by the minister. They must also have good conduct with no convictions, their employment must be approved by the Ministry of Education, and non-citizens must renew this approval every two years (Private Educational and Training Institutions Law No. 25, 1998, Art. 12). In addition, specific requirements for primary and secondary school teachers were found and are included in the respective section above.

The 2007 Ministerial Resolution No. 1281 specifies that all teaching staff members have the same working and job standards in terms of compensation, recruiting practices, student/teacher ratio, advancement opportunities, in-service training, and professional support, but it is unclear if this applies to non-state institutions as well. However, the country adopted the 2012 Labour Law which is the promulgation of the labour law in the private sector.

Equitable access

Fee-setting: All fees charged to students or trainees must be approved by the Ministry of Education, in addition to any changes (Private Educational and Training Institutions Law No. 25, 1998, Art. 16). Additional regulations on how these are determined could not be located.

Policies for vulnerable groups: The 2005 Education Law 27 (Art. 5) specifies the rights of disabled people to integrate (into mainstream classrooms), but Article 2 of this Law applies only to Bahraini residents. Non-Bahraini children residing in Bahrain, however, have the right to enrol in all special education programmes and receive all special education services provided in state or non-state schools. No other information on rules and regulations explicitly mentioning the private sector could be found.

Quality assurance, monitoring and accountability

Reporting requirements: All non-state institutions are required to have a register of their revenues, sources, expenditure, assets, and other financial accounts (Private Educational and Training Institutions Law No. 25, 1998, Art. 14). Article 15 defines the revenue of non-state institutions and Article 17 specifies that these must be deposited in an approved domestic commercial bank account. Non-state institutions, except for non-state nurseries, must have their accounts annually audited by a firm of auditors and this must be submitted to the Ministry of Education (Art. 18) No information regarding special rules in nurseries was found.

Inspection: The Ministry of Education’s authority to conduct inspections to monitor the provisions of the law and that inspectors have the authority to enter institutions and inspect books, registers, and files. Such inspections take place if an order is issued by the Minister. The law does not specify the frequency of inspections (Private Educational and Training Institutions Law No. 25, 1998, Art. 24). All institutional materials are subject to the control of the Ministry of Education to ensure that they are aligned with religious, national, and pan-Arab values and traditions (Art. 25). The Ministry of Education has the authority to evaluate the performance of non-state institutions (Art. 26). Finally, non-state institutions are required to submit an annual report of their activities (Art. 27).

The 2012 Royal Decree No. 83 and the 2016 Royal Decree No. 74 established the Education & Training Quality Authority (BQA) to inspect and monitor all kindergartens and schools. BQA has two directorates with the Directorate of Private Schools Review (DPS) responsible for monitoring and evaluating non-state K-12 institutions once every three years in the areas of teaching, leadership, academic achievement, care and guidance, student development and well-being, curriculum and capacity to improve. No information was fo regarding the supervision of nurseries, specifically whether the MLSD is responsible for their quality assurance and whether the inspection process differs from that for kindergartens and primary and secondary schools.

Sanctions: Initial violations are given a warning and have 10 days to address the violation. In cases where institutions fail to address the violation or repeat it, the Minister has the authority to place the institution under the Ministry of Education’s supervision, by which the original owner will no longer have possession of the institution until the violation is corrected, which also depends on the nature of the violation (Private Educational and Training Institutions Law No. 25, 1998, Art. 28). Any non-state institutions, including kindergartens and nurseries, which are operated without a licence are subject to a fine of between approximately 1,300 USD and 2,600 USD (500 to 1000 BHD) and closure (Art. 29).

3.3 Supplementary private tutoring

While the prevalence of private tutoring or shadow education is unclear, there is a demand for and supply of private tutors offering a range of classes, such as reinforcement lessons, enrichment and preparation lessons, and others.

Entry/Establishment

Non-state education and training institutions must be licensed. Although it is not explicitly forbidden, it is considered illegal to engage in private tutoring that is not part of a licensed institution. Penalties are not outlined (Private Educational and Training Institutions Law No. 25, 1998, Art. 4).

Financial operation and quality

In accordance with the 2011 Ministerial Resolution No. 517, evening remedial lessons can be offered in schools to groups of students. This Resolution further determines students’ registration fees, the number of students in each group, and the rewards of teachers who provide these “reinforcement lessons.” Such lessons cater to students who are delayed in their studies or those who struggle with a particular subject matter. Amongst the private tutors who offer supplementary lessons to students, the prices can be fixed or may vary, with private tutoring classes being relatively costly. Typically, the price of private tutoring lessons increases during the mid- and end-of-year exams, and prices, on average, range from approximately 66 USD to 133 USD (25 BHD to 50 BHD), although some private tutors accept lower prices, ranging between around 27 USD and 40 USD (10 BHD and 15 BHD).

Teaching profession

According to the Public Relations Department of the Ministry of Education, school teachers cannot provide their students with private tutoring lessons in the evening. Teachers who refuse to or do not comply will be subject to an investigation by the Ministry for their behaviour.

 

This profile has been drafted by the Al Qasimi Foundation to support the PEER evidence base for the 2021/2 GEM Report on non-state actors in education.

 

Last modified:

Fri, 19/11/2021 - 16:30