Do You Know How to Be an Engaging and Highly Effective Educator?

Anyone can teach. We teach each other every day. For example, we give instructions to each other for such things as cooking, putting together furniture, and completing household other tasks. However, teaching someone is different than the process of educating someone. Consider the difference between informal learning and formal learning. An example of informal learning would be following a recipe to learn how to cook. In contrast, formal learning occurs within a classroom and usually is accompanied by evaluation and assessment. It may seem that teaching and educating are the same thing; however, the difference has to do with the place or context for learning.

This is the same distinction can be made for teaching informally (giving instructions) and teaching students in a formal classroom environment. A person enters the field of education as a profession – either full time in traditional academic institutions or as an adjunct (or part time) instructor. The reasons vary for why someone would choose to be in the classroom. A traditional full time professor may likely be responsible for conducting research, teaching, and publishing scholarly work. An adjunct instructor may teach in a community college, traditional college, or an online school. When someone teaches students in higher education he or she may be called a facilitator, instructor, or professor. This is important as there isn’t a job with the word educator in the title.

The questions I would like to answer include: What then does it mean to be an educator? Does it signify something different than the assigned job title? What I have learned through my work in higher education is that becoming an educator is not an automatic process. Everyone who is teaching adult students is not functioning as an engaging and highly effective educator. However, it is possible to learn how to educate rather than teach and that requires making a commitment to the profession.

What Does It Mean to Teach?

Consider teaching as part of the system of traditional, primary education. Those classes are teacher-led and children as students are taught what and how to learn. The teacher is considered to be the expert and directs the learning process. A teacher is someone who is highly trained and works to engage the minds of his or her students. This style of teacher-led instructional continues into higher education, specifically traditional college classrooms. The teacher still stands at the front and center of the class delivering information, and students are used to this format because of their experience in primary education. The instructor disseminates knowledge through a lecture and students study to pass the required examinations or complete other required learning activities.

Within higher education, teachers may be called instructors and they are hired as subject matter experts with advanced content knowledge. The job requirements usually include holding a specific number of degree hours in the subject being taught. Teachers may also be called professors in traditional college classes, and those positions require a terminal degree with additional research requirements. For all of these roles, teaching is meant to signify someone who is guiding the learning process by directing, telling, and instructing students. The instructor or professor is in charge, and the students must comply and follow as directed. Here is something to consider: If that is the essence of teaching, is there a difference between that and educating students? Is the role of a teacher the same as that of an educator?

What Does It Mean to be an Educator?

Consider some basic definitions to begin with as a means of understanding the role of an educator. The word “education” refers to giving instruction; “educator” refers to the person who provides instruction and is someone who is skilled in teaching; and teaching is aligned with providing explanations. I have expanded upon these definitions so that the word “educator” includes someone who is skilled with instruction, possesses highly developed academic skills, and holds both subject matter knowledge and knowledge of adult education principles.

Skilled with Instruction: An educator is someone who should be skilled in the art of classroom instruction, knowing what instructional strategies are effective and the areas of facilitation that need further development. An experienced educator develops methods that will bring course materials to life by adding relevant context and prompting students to learn through class discussions and other learning activities. Instruction also includes all of the interactions held with students, including all forms of communication, as every interaction provides an opportunity for teaching.

Highly Developed Academic Skills: An educator must also have strong academic skills and at the top of that list are writing skills. This requires strong attention to detail on the part of the educator and in all forms of messages communicated, including anything written, presented, and sent via email. The ability to demonstrate strong academic skills is especially important for anyone who is teaching online classes as words represent the instructor.

The use of proper formatting guidelines, according to the style prescribed by the school, is also included in the list of critical academic skills. For example, many schools have implemented APA formatting guidelines as the standard for formatting papers and working with sources. An educator cannot adequately guide students and provide meaningful feedback if the writing style has not been mastered.

Strong Knowledge Base: An educator needs to develop a knowledge base that contains subject matter expertise, as related to the course or courses they are teaching, along with knowledge of adult education principles. I know of many educators who have the required credit hours on their degree transcripts, yet they may not have extensive experience in the field they teach. This will still allow these educators to teach the course, provided that they take time to read the course textbook and find methods of applying it to current practices within the field.

Many schools hire adjuncts with extensive work experience as the primary criteria, rather than knowledge of adult learning principles. Those instructors I have worked with who do have a strong adult education knowledge base generally acquired it through ongoing professional development. That was my goal, when I decided on a major for my doctoral degree, to understand how adults learn so that I could transform from an instructor to an educator.

Becoming an Engaging and Highly Effective Educator

I do not believe that many instructors intentionally consider the need to make a transformation from working as an instructor to functioning as an educator. When someone is hired to teach a class, someone other than a traditional college professor, they often learn through practice and time what works well in the classroom. There will likely be classroom audits and recommendations made for ongoing professional development. Gradually the typical instructor will become an educator as they seek out resources to help improve their teaching practices. However, I have worked with many adjunct online instructors who rely on their subject matter expertise alone and do not believe there is a reason to grow as an educator. For anyone who would like to make the transformation and become an engaging and highly effective educator, there are steps that can be taken and practices that can be implemented.

Step One: Continue to Develop Your Instructional Practice

While any educator can learn through time on the job, it is possible to become intentional about this growth. There are numerous online resources, publications, workshops, webinars, and professional groups that would allow you to learn new methods, strategies, and practices. There are also social media websites such as LinkedIn and Twitter that allow for the exchange of ideas and resources within a global community of educators.

You can also utilize self-reflection as a means of gauging your effectiveness. I have found that the best time to review my instructional practice occurs immediately after a class concludes. That is a time when I can assess the strategies I have used and determine if those methods were effective. Even reviewing end of course student surveys may provide insight into the perspective of my students.

Step Two: Continue to Develop Your Academic Skills

I know from my work with online faculty development that this is an area of development that many educators could use. However, it is often viewed as a low priority – until it is noted in classroom audits. If an educator has weak academic writing skills, it will interfere with their ability to provide comprehensive feedback for students. For online instructors, that has an even greater impact when posted messages contain errors with spelling, grammar, and formatting. The development of academic skills can be done through the use of online resources or workshops. Many online schools I have worked for offer faculty workshops and this is a valuable self-development resource.

Step Three: Continue to Develop Your Subject Matter Expertise

Every educator has subject matter expertise that they can draw upon. However, the challenge is keeping that knowledge current as you continue to teach for several years. The best advice I can offer is to find resources that allow you to read and learn about current thinking, research, and best practices in your chosen field. This is essential to your instructional practice as students can ascertain whether you appear to be current in your knowledge, or outdated and seemingly out of touch. Even the use of required textbooks does not ensure that you are utilizing the most current information as knowledge evolves quickly in many fields.

Step Four: Continue to Develop Your Knowledge of Adult Learning

The last step or strategy that I can recommend is to gain knowledge about adult learning theories, principles, and practices. If you are not familiar with the basics there are concepts you can research and include critical thinking, andragogy, self-directed learning, transformational learning, learning styles, motivation, and cognition. My suggestion is to find and read online sources related to higher education and then find a subject that interests you to research further. I have found that the more I read about topics I enjoy, the more I am cultivating my interest in ongoing professional development. What you will likely find is that what you learn will have a positive influence on your work as an educator and will enhance all areas of your instructional practice.

Working as an educator, or someone who is highly engaged in the process of helping students learn, starts with a commitment to make this a career rather than a job. I have developed a vision related to how I want to be involved in each class I teach and I recommend the same strategy for you. You may find it useful to develop teaching goals for your career and link your classroom performance to those goals. For example, do you want to complete the required facilitation tasks or would you rather put in the additional time necessary to create nurturing class conditions?

After developing a vision and teaching goals, you can create a professional development plan to prompt your learning and growth in all of the areas I have addressed above. While this strategy may require an investment of time, it is helpful to remember that we always make time for whatever we believe is most important. Being an educator is not sustaining a focus on job functions, rather it is cultivating a love of what you do and learning how to excel for the benefit of your students. Becoming an engaging and highly effective educator occurs when you decide that teaching students is only part of the learning process, and you work to transform who you are and how you function, while working and interacting with your students.

Traditional Educational Institutions in Child Education in Sierra Leone

INTRODUCTION

Sierra Leone is bounded on the north-west, north and north-east by the Republic Guinea, on the south-east by the Republic of Liberia and on south-west by the Atlantic Ocean. It has an area of 27,925 square miles. The colony of Sierra Leone originated in the sale and cession in 1787 by native chiefs to English settlers of a piece of land intended as a home for African settlers who were waifs in London and later it was used as a settlement for freed African slaves. The hinterland was declared a British Protectorate on 21st August, 1896. Sierra Leone attained independence on 27th April, 1961 and became a Republic in 1971. Education is provided by both private and state-sponsored schools. The current system of education is 6-3-4-4 (that is six years Primary school, three years Junior Secondary School, four years Senior Secondary School and four years tertiary/higher education. This system is complemented by non- formal education.

CONCEPT OF EDUCATION

Education is frequently used in the sense of instruction in the classroom, laboratory, workshop or domestic science room and consists principally in the imparting by the teacher, and the acquisition by pupils, of information and mental as well as manual skills. A wider meaning than instruction is that of schooling. That is to say all that goes on within the school as part of the pupil’s life there. It includes, among other things, relationship between pupils and teachers, pupils and pupils both in and outside the school. J. S. Mill (1931) opined that whatever helps to shape the human being; to make the individual what he is or hinder him from being what he is not is part of his education. Implicitly education is lifelong and ubiquitous; it is the sum total of all influences which go to make a person what he is, from birth to death. It includes the home, our neighbors, and the street among others.

Education is to some extent a deliberate planned process devised and conducted by the educator with the purpose of imbuing the learner with certain information, skills, of mind and body as well as modes of behavior considered desirable. In part it is the learner’s own response to the environment in which he lives. Education has three focal points: the individual/person upon whom the educator’s influences are brought to bear; the society or community to which he belongs; and the whole context of reality within which the individual and society play their part. Man is a social creature; he grows as a person through the impact of personality on personality; and even for his basic physical needs he depends on the help and cooperation of his fellow men and women. Without society and the mutual support and enrichment of experiences which it provides civilization is impossible and the life of man, in Hobbes’ words, is “solitary, poor, nasty, brutish and short.”

One of the fundamental facts of human existence is the tension between the pull of the past and the forward urge into the future, between stability and change, tradition and innovation. For effective living,man needs a circle of security, an area of established habits and relationship which forms dependable relationships. This is also true of society. For its effective functioning there must be an underlying continuity of traditions and outlook which preserves its identity as a society and safeguards it against the disruptive effects of change. Change must be for life and not static but this change in turn must be controlled by the basic traditions of society. It is tradition which gives a nation its character and distinctiveness as a society. The conservation of tradition therefore is obviously crucial.

It has been recognized from time immemorial that the conservation of traditional education has a vital part to play in the development of the child. The children of today are the adults of tomorrow; they must be trained therefore, to inherit and perpetuate the beliefs and modes of life peculiar to the particular society to which they belong. For every society has the desire to preserve itself not only physically but as community consciously sharing certain aims, ideals and patterns of behavior. This type of education is not necessarily formal in schools by means of classroom instruction but that effected indirectly through the family and through the impact on the individual of social influences and customs which the child cannot evade. In Sierra Leone this social education included elaborate ceremonies of initiation involving feats of endurance in which young men and women must prove themselves worthy of the community. The ultimate goal was to produce an individual who was honest, respectful, skilled, cooperative, and who could conform to the social order of the day. As Aristotle once stated “the constitution of a state will suffer if education is neglected. The citizens of a state should always be educated to suit the constitution of the state. The type of character appropriate to a constitution is the power which continues to sustain it as it is also the state force which originally created it” (p. I).

TRADITIONAL EDUCATION IN SOCIETY

Traditional education has both a creative and conservation function in society; it is a powerful means of preserving a society’s customs, if not culture. In the past the nature and needs of society played a vital part in determining the nature of education. Professor M.V.C. Jeffreys (1950) once wrote in his book, Glaucon, that “in a tranquil society the educational system will tend to reflect the social pattern, while social uneasiness and instability create opportunity for using education as an instrument of social change”(p.7). A similar view was shared by John Dewey (1897) who opined that through education society can formulate its own purposes, can organize its own means and resources and thus save itself with definiteness and economy in the direction in which it wishes to move. Education looks both to the past and the future; inevitably it reflects the traditions and character of society. Traditional education can be used to prepare for changes in society and anticipate and prevent changes or the effects of changes in society.

Traditional education conserves and hands on the customs and ways of life which constitute the character of a society and maintains its unity. It also helps society to interpret its functions in new ways to meet the challenges of change, seeking ways or lines of development which are consistent with the traditions and customs and will at the same time raise society to a more complete fulfillment of itself.
TRADITIONAL EDUCATIONAL INSTITUTIONS IN SIERRA LEONE

History reveals that there were no formal schools where children were educated in Pre-colonial Sierra Leone. The Poro and Bondo/Sande Secret Societies were looked upon as institutions to train children. They were bush schools. And the education these bush schools provided was informal. Children who went through these secret societies were considered capable of carrying out their civic responsibilities. They became adults and can marry and start life. They considered themselves as one family. In other words both Secret Societies created a sense of comradeship and unity among members irrespective of family, clan or ethnic affiliation. It was therefore considered that children who had not gone through these secret societies were not fully matured.

The Poro Secret Society is for boys. The spiritual head of the Poro Society is Pa Gbonu, seen only by the older graduates or members. The physical heads are the Pa Sama Yorgbors and Pa Somanos. They direct the activities of the institution. The senior instructors are the Pa Kashis, who generally teach and give instructions to other initiators. The Pa Manchiyas serve as teachers to the initiates while the Kachemas are the scaring spirits. They scare the women and children alike together with the new initiates. The Rakas are the errand boys carrying messages around. The Yambas are the head boys. The Bomos are the senior prefects while the Sayboms are the prefects; and the monitors are the Gbanaboms. Informal classes are held in the Secret Poro Bush. The subjects taught include Creative Practical Arts, Performing Arts, Practical Agriculture, Medicine i.e. use of local herbs for the treatment of different ailments), warfare and other skills. In Creative Practical Arts initiates are taught how to make fishing nets, baskets, mats, and carving wood and soap stones into different objects such as animals and humans; in Performing Arts initiates are taught singing, dancing and the use of Poro musical instruments. In Practical Agriculture initiates practice farming. Boys are taught to bear hardship without complaint and grow accustomed to it. Thus they are taken to the farms of their teachers and elders to work on pro bono basis. However during the harvest season initiates could pass through these farms taking whatever they need and eat without being questioned by farm owners. Initiates are taught to respect elders and use of guns to kill animals. In a similar vein initiates are taught how to use guns in fighting in defense of their communities. Other skills initiates are taught include making fish traps, fishing and hunting net, and basketry. In the use of herbs initiates pay money (some freely given) for healing various sicknesses as well as for protection against enemies, evil spirits and snake bites. Initiates who want to cause harm to others using herbs could ‘redeem’ the herb/medicine concerned. Over all initiates are taught a new Language spoken only by members called Ke Sornor. For example fonka trika meaning I am talking to you; fonka bonomi meaning Talk to me. The use of this new Language makes graduates very proud and feel different from non-initiates. Graduates come out with new names such as Lamp, Langba and Kolerr. A graduation ceremony climaxes the event.

Parents make massive preparations including sewing dresses for the graduates. To mark the graduation ceremony there is feasting, drinking, dancing and singing praise songs for the graduates and their parents. Those qualified for initiation must have been circumcised and grown to age of puberty. They have to live on their own during the period of training which ranges from one to seven years. Graduates are fully admitted to the general Poro society through another ceremony called Enkorie, which lasts for four days.

The Bondo/Sande Society is the institution where girls are trained for womanhood. Its spiritual head is Na Bondigba. The Na Gboyamas and Na Wulus are the physical heads. These have spiritual powers used to foretell the future and catch witches. They are the senior teachers. The Na Sokos are the service teachers. They can initiate girls even up to the advanced stage of the Society. The Digbas are the general teachers and stay close to the initiates. The Sampas are the skillful dancers and errand girls/women. They make announcements about the progress and activities or programs during the graduation ceremony.

The Na Fets, as the name implies do not know all the secrecy of the institution. They carry the institutional implements and regalia. The Karr Ayeamus are the ‘waiters’ to be initiated into the higher status of the institution. Girls admitted to the Bondo/Sande Society are trained informally. Classes are held at Kantha or sacred home. The teachers are largely concerned with the transmission to these adolescent girls the skills and knowledge which adult women are expected to possess in order to function properly and intelligently in their community. The subjects girls are taught include Cooking, Performing Arts, Fishing, Husband and Child Care, and Home Management. In Cooking girls are taught how to prepare food through observation and participation in the preparation of various dishes and are later allowed to have a go with little or no supervision. Those who could not cook properly are allowed to repeat. In Performing Arts girls are taught how to compose and sing songs and how to beat the Bondo/Sande drums (sambories). Alongside singing girls are taught how to dance and those who dance well may join the hierarchy of the Sampas. Girls are also taught how to fishing, make fishing nets, fishing baskets, sleeping mats from bamboo and palm leaves. Further girls are taught how to help their prospective husbands and how to take care of children especially those of senior members. Like the Poro Society graduation ceremonies are marked by massive preparations. Both parents and prospective husbands would buy new dresses, slippers, perfumes, powder, and beads to make neck laces. On the day of the graduation ceremony the new initiates are arrayed in white with coronets. They come out with new names such as Burah, Yeanor, Rukor and Yainkain. This demonstrates a sign of maturity. Initiating girls into Bondo/Sande society lasts between a few months and three years.

CHALLENGES

If education has the vital function of perpetuating the traditions and values of society, of adapting them to a changing environment, and of raising them to richer and more fruitful expression then both the Poro and Bondo/Sande Secret Societies, as traditional agents of this process should enjoy a position of the highest esteem. Through these secret societies the nation’s culture flows from one generation to the other and the aspirations of society are focused with intimate and telling persuasion upon the young. They stand at a point where the energies of children are released into new and creative possibilities. Through these secret societies children remember the past activities of their predecessors. They help in behavioral training patterns of society. These societies are institutions of inspiration and both politicians and chiefs use them to advantage. That is to either gain or maintain power. Major and binding decisions are taken in the Poro Bush of which only members are allowed to attend and take part. The Poro Secret Society acts as a check against the abuse of power. In crisis ridden situations major decision are taken in the Poro Bush. The Poro society even acts as arbitrator in chiefdom disputes and could promulgate general laws and regulate trading practices. It is also involved in the burial of chiefs and other important local officials (Alie, 1990).

Western education has existed in the country for long and is now so integral part of the civilized life that there is a tendency to assume that it is the main or sole means of imparting skills, knowledge and social values in children. This is not the case in Sierra Leone. The importance of the Poro and Bondo traditional secret societies cannot be over-sighted because of their enormous potentiality in educating children for life in society. Fundamental is that respect for persons as persons is the basis of traditional society. Linked with this is courtesy, sensitivity to the needs of others, cooperativeness, self-discipline, moral and physical courage, hard work and high standards of achievement. These are passed on to children in the environment in which they are part of their daily experiences. Notwithstanding, these traditional institutions as agents of education are currently faced with many challenges there-by forcing their demise. The practice of female genital circumcision is of international concern and in Sierra Leone people are agitating for its total ban. Currently girls are allowed to be circumcised at age eighteen during which time a child is perceived to be matured enough to choose whether or not to be initiated into the Bondo/Sande secret society. In addition the period of initiation is perceived too long and is being challenged. Besides children these days no longer have to be initiated into these societies to be taught how to be clean, cook, rear children, practice agriculture, and inculcate morals and virtues to cite a few examples. All these could be learnt either in or outside formal schooling through reading. What is more Religion, especially Christianity and Islam, western life, as well as rural-urban migration are forcing these secret societies to obliteration.

Besides the activities and work of these traditional societies are not in curriculum form and documented. Neither also is the use of herbs documented. Therefore by discontinuing these traditional secret societies Sierra Leoneans stand to lose their cultural heritage. If however, education has the vital function of perpetuating the traditions and values of society, of adapting them to a changing environment, and of raising them to a richer and more fruitful expression then these traditional secret societies, as agents of this process should enjoy a position of the highest esteem. Through these societies the national culture flows from one generation to another and the aspirations of society are focused with intimate and telling persuasion upon the young. These secret societies stand at the point where the energies of children are released into new and creative possibilities.

India’s Education Sector – Back to School

India’s US$40b education market is experiencing a surge in investment. Capital, both local and international, and innovative legal structures are changing the face of this once-staid sector

The liberalization of India’s industrial policy in 1991 was the catalyst for a wave of investment in IT and infrastructure projects. Rapid economic growth followed, sparking a surge in demand for skilled and educated workers. This, combined with the failure of the public system to provide high quality education and the growing willingness of the burgeoning middle class to spend money on schooling, has transformed India’s education sector into an attractive and fast-emerging opportunity for foreign investment.

Despite being fraught with regulatory restrictions, private investors are flocking to play a part in the “education revolution”. A recent report by CLSA (Asia-Pacific Markets) estimated that the private education market is worth around US$40 billion. The K-12 segment alone, which includes students from kindergarten to the age of 17, is thought to be worth more than US$20 billion. The market for private colleges (engineering, medical, business, etc.) is valued at US$7 billion while tutoring accounts for a further US$5 billion.

Other areas such as test preparation, pre-schooling and vocational training are worth US$1-2 billion each. Textbooks and stationery, educational CD-ROMs, multimedia content, child skill enhancement, e-learning, teacher training and finishing schools for the IT and the BPO sectors are some of the other significant sectors for foreign investment in education.

Opportunity beckons

The Indian government allocated about US$8.6 billion to education for the current financial year. But considering the significant divide between the minority of students who graduate with a good education and the vast majority who struggle to receive basic elementary schooling, or are deprived of it altogether, private participation is seen as the only way of narrowing the gap. Indeed, it is estimated that the scope for private participation is almost five times the amount spent on education by the government.

CLSA estimates that the total size of India’s private education market could reach US$70 billion by 2012, with an 11% increase in the volume and penetration of education and training being offered.
The K-12 segment is the most attractive for private investors. Delhi Public School operates approximately 107 schools, DAV has around 667, Amity University runs several more and Educomp Solutions plans to open 150 K-12 institutions over the next four years. Coaching and tutoring K-12 students outside school is also big business with around 40% of urban children in grades 9-12 using external tuition facilities.

Opening the doors

Private initiatives in the education sector started in the mid-90s with public-private partnerships set up to provide information and communications technology (ICT) in schools. Under this scheme, various state governments outsourced the supply, installation and maintenance of IT hardware and software, as well as teacher training and IT education, in government or government-aided schools. The central government has been funding this initiative, which follows the build-own-operate-transfer (BOOT) model, under the Sarva Shiksha Abhiyaan and ICT Schools programmes. Private companies such as Educomp Solutions, Everonn Systems, and NIIT were among the first to enter the ICT market, which is expected to be worth around US$1 billion by 2012.

Recently, the central government invited private participation in over 1,000 of its industrial training institutes and offered academic and financial autonomy to private players. Companies such as Tata, Larsen & Toubro, Educomp and Wipro have shown keen interest in participating in this initiative.

Regulatory roadblocks

Education in India is regulated at both central and state government levels. As a result, regulations often differ from state to state. K-12 education is governed by the respective State School Education Act and the Central Board of Secondary Education (CBSE) Rules and Regulations concerning affiliation and/or the rules of any other affiliating body. Under current regulations, only not-for-profit trusts and societies registered under Societies Registration Act, 1860, and companies registered under section 25 of the Companies Act, 1956, qualify to be affiliated with the CBSE and to operate private schools.

While the K-12 segment accounts for the lion’s share of India’s educational market, weaving through the complex regulatory roadmap to qualify for affiliation poses serious difficulties for investors. The CBSE requires privately-funded schools to be non-proprietary entities without any vested control held by an individual or members of a family. In addition, a school seeking affiliation is expected to have a managing committee controlled by a trust, which should approve budgets, tuition fees and annual charges. Any income accrued cannot be transferred to the trust or school management committee and voluntary donations for gaining school admission are not permitted.
Schools and higher education institutions set up by the trust are entitled to exemptions from income tax, subject to compliance with section 11 of the Income Tax Act, 1961. In order to qualify for tax exemptions, the trust needs to ensure that its predominant activity is to serve the charitable purpose of promoting education as opposed to the pursuit of profit.

Alternative paths

Alternative routes do exist for investors seeking to avoid the web of regulatory barriers that constrain their involvement. Sectors such as pre-schools, private coaching and tutoring, teacher training, the development and provision of multimedia content, educational software development, skill enhancement, IT training and e-learning are prime sectors in which investors can allocate their funds. These areas are attractive because while they relate closely to the profitable K-12 segment, they are largely unregulated. As such, they make attractive propositions for private investors interested in taking advantage of the burgeoning demand for quality education. Companies such as Educomp Solutions, Career Launcher, NIIT, Aptech, and Magic Software, are market leaders in these fields. Educomp recently acquired a large number of educational institutes and service providers across India. It has also formed joint ventures with leading higher education groups, including Raffles Education Singapore, for the establishment of higher education institutions and universities in India and China. Furthermore, it has entered into a multi-million dollar collaboration with Ansal Properties and Infrastructure to set up educational institutions and schools across the country and closed an US$8.5 million deal to acquire Eurokids International, a private provider of pre-school educational services in India. Gaja Capital India, an education-centric fund, has completed the funding of three education services companies in India. NIIT and Aptech, meanwhile, are engaged in the IT training business.

Core Projects and Technology is also focusing heavily on India and is likely to bid to takeover, upgrade and run public schools for specified periods on a public-private partnership basis.

Higher hurdles

While state governments are largely responsible for providing K-12 education in India, the central government is accountable for major policy decisions relating to higher education. It provides grants to the University Grants Commission (UGC) and establishes central universities in the country. The UGC coordinates, determines and maintains standards and the release of grants. Upon the UGC’s recommendation, the central government declares the status of an educational institution, which once authorized, is entitled to award degrees.

State governments are responsible for the establishment of state universities and colleges and has the power to approve the establishment of private universities through State Acts. All private universities are expected to conform to the UGC guidelines to ensure that certain minimum standards are maintained.

Amity University in Uttar Pradesh is one of the private universities to open its doors. It was approved by the Uttar Pradesh state legislature on 12 January 2005 under section 2(f) of the University Grants Commission Act.

Not-for-profit and anti-commercialization concepts dominate higher education fee structures. To prevent commercialization and profit-making, institutions are prohibited from claiming returns on investments. This, however, does not pose a hurdle for universities interested in mobilizing resources to replace and upgrade their assets and services. A fixation of fees is required in accordance with the guidelines prescribed by the UGC and other concerned statutory bodies. For this purpose, the UGC may request the relevant information from the private university concerned, as prescribed in the UGC (Returns of Information by Universities) Rules, 1979.

In line with the policy on Fee Fixation in Private Unaided Educational Institutions Imparting Higher and Technical Education, two types of fees are required: tuition fees and development fees. Tuition fees are intended to recover the actual cost of imparting education without becoming a source of profit for the owner of the institution. While earning returns on investment would not be permissible, development fees may provide an element of partial capital cost recovery to the management, serving as a resource for upkeep and replacement.

Legal precedents

In order to be awarded university status by the UGC, institutions must comply with the objectives set forth in the Model Constitution of the Memorandum of Association/Rules, and ensure that no portion of the income accrued is transferred as profit to previous or existing members of the institution. Payments to individuals or service providers in return for any service rendered to the institute are, however, not regulated.

In this context recent court judgments on private universities are relevant. The Supreme Court, in Unnikrishnan JP v State of Andhra Pradesh, introduced a scheme regulating the admission and levy of fees in private unaided educational institutions, particularly those offering professional education. The ruling was later notified in the fee policy.

Subsequently, in the case of Prof Yashpal and Anr v State of Chattisgarh and Ors in 2005, the Supreme Court assailed the Chattisgarh government’s legislation and amendments which had been abused by many private universities. It was contended that the state government, simply by issuing notifications in the Gazette, had been establishing universities in an indiscriminate and mechanical manner without taking into account the availability of any infrastructure, teaching facilities or financial resources. Further, it was found that the legislation (Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002) had been enacted in a manner which had completely abolished any kind of UGC control over private universities.

The Supreme Court concluded that parliament was responsible for ensuring the maintenance and uniformity of higher education institutions in order to uphold the UGC’s authority. Following the judgment, only those private universities that satisfied the UGC’s norms were able to continue operating in Chattisgarh.

Professional institutions

Professional and technical education in India is regulated by professional councils such as the All India Council for Technical Education (AICTE). Established under the AICTE Act, 1987, AICTE gives recognition to courses, promotes professional institutions, provides grants to undergraduate programmes, and ensures the coordinated and integrated development of technical education and the maintenance of standards. The AICTE has recently exerted pressure on unrecognized private technical and management institutes to seek its approval or face closure.

A single bench decision of the Delhi High Court in Chartered Financial Analysis Institute and Anr v AICTE illustrates the far-reaching implications this kind of pressure can have on all institutions operating independently of the AICTE. The court found that the Chartered Financial Analyst Institute, a US-based organization, was engaged in imparting technical education and that its charter, though not described as a degree or diploma, was nevertheless descriptive of the candidate attaining an academic standard, entitling him to pursue further courses, and achieve better prospects of employment in the investment banking profession. The AICTE argued that the Chartered Financial Analyst Institute fell within the ambit of its regulation and was therefore obliged to submit to the jurisdiction of the regulatory body. The Delhi High Court upheld the AICTE’s view that the Chartered Financial Analyst Institute did qualify as an institution imparting technical education..

This judgment may have emboldened the AICTE to proceed against a number of other establishments that are on its list of unapproved institutions. It holds particular significance since despite not granting degrees and diplomas, the Chartered Financial Analyst Institute was still deemed by the court to be covered under the description of a “technical institute”.

Enthusiasm grows for foreign participation

While regulators such as the AICTE continue to exercise influence in the Indian education system, the sector is expected to witness a surge in foreign investment and perhaps a reduction in the number of regulatory roadblocks as a result of the central government’s enthusiasm for overseas investors. Foreign direct investment in higher education could help reduce government expenditure and there is a general consensus that education as a whole should be opened for domestic and foreign private participation.

The entry of foreign educational institutions into India will be covered by the new Foreign Education Providers (Regulation for Entry and Operation) Bill. The bill seeks to regulate the entry and operation of foreign education providers, as well as limit the commercialization of higher education. Foreign education providers would be given the status of “deemed universities” allowing them to grant admissions and award degrees, diplomas or certificates.

Operationally, the bill proposes to bring foreign education providers under the administrative umbrella of the UGC, which would eventually regulate the admissions process and fee structures. Since these foreign institutions will have to be incorporated under central or state laws, they will also be subject to the government’s policies of reservations. The bill is pending approval from the Indian Parliament but it is unclear if it will be taken by the present government for a vote prior to the general elections in 2009.

Innovative structures unlock profitability

The regulatory restraints on running profitable businesses in the K-12 and higher education sectors have driven Indian lawyers to devise innovative structures that enable private investors to earn returns on their investments. These typically involve the establishment of separate companies to provide a range of services (operations, technology, catering, security, transport, etc.) to the educational institution. The service companies enter into long term contracts with the trust operating the institution. Payments made by the trust to the service companies must be comparative and proportionate to the services rendered by such companies. Furthermore, in order to qualify for tax exemptions, the expenses paid by the trust to the service companies must not exceed what may reasonably be paid for such services under arm’s length relationships.
Despite the regulatory constraints, the Indian education sector is on a path of exponential growth. A growing number of private companies are undertaking creatively structured projects in the education business and the level of investor confidence is demonstrated by the recent spate of M&A activity that has taken place.

With more domestic players emerging, the education sector is likely to witness consolidation, but at the same time, increasing foreign participation will drive competition and raise standards. Liberalization will continue to intensify as the government struggles to remedy its poor public education system and provide quality institutions to educate India’s masses.