Unofficial Translation MINISTERIAL REGULATION DETERMINATION OF CRITERIA AND METHODS FOR PREPAREDNESS EVALUATION FOR PROVIDING BASIC EDUCATION OF LOCAL ADMINISTRATION B.E. 2547 (2004) 1 By virtue of the provisions of section 8 and section 21 paragraph two of the Ministry of Education Organization Act, B.E. 2546 (2003), The Minister of Education issues the following Ministerial Regulation. Clause 1. In this ministry: Evaluation means evaluation of the preparedness for providing basic education of local administration. Local administration means Provincial Administration Organization, Municipality, Sub-district Administration Organization, Bangkok Metropolitan Administration, Pattaya City and other local administration that have established laws. Transfer means the transfer of education management from establishment of educations. Establishment of education means establishment of educations which provide basic education under the auspices of the Ministry of Education and those providing non-formal and informal education. Government agency means Educational Service Area Office or government agency which is responsible for the educational management or the affiliation of the establishment of education. 1 Published in the Government Gazette, Vol. 121, Special Issue, Part 59a, page 1, dated 1 st October, B.E. 2547 (2004).
2 Clause 2. Has criteria and conditions for evaluation are assigned as follow: (1) Evaluation criteria includes (a) Experience of local administration in organizing or participating in education management; (b) Preparation plan for education management or development plan which demonstrate the readiness in various fields and in accordance with the level, type and module of study; (c) Management and administration of education; (d) Revenue allocation; (e) Level and types of education which correspond to the problem and needs of the community; (f) The opinions of the people and those involved on the readiness of the local government organization with regard to education management. (2) Condition of evaluation criteria includes (a) The income of local administration is sufficient for education management; (b) Decentralization of local administrative organizations to establishment of educations; (c) Management of the internal organization structure which support education management; (d) Appointment of Advisory Committee on Education Management of local government organization; (e) Organization of Human Resource Management for Education. Indicators and quality levels of each indicator of each component following (1) the conditions of each component (2) and evaluation criteria which assess the readiness of the local government organization for education management shall comply with the notification of the Ministry of Education and the Government Gazette. Notification of the Ministry of Education under paragraph two shall be jointly endorsed by the Ministry of Education and the Commission of Decentralization to local administration.
3 Clause 3. Under the approval of the council of local government, the local administration willing to manage education or transfer of basic education or change the type of basic education management in accordance with the National Education Act shall submit the request to the government agency prior to the start of the new academic year no less than one hundred and eighty days. Local government organization with existing education management shall continue its operation without further evaluation, but in the case of the transfer of basic education or change in type of basic education management shall comply under the provisions of paragraph one. Application for transfer of basic education management under paragraph one requires specific name of the establishment of education and consent letter demonstrating consensus from the education administrators, teachers, and other educational personnel refer as one party and the board of basic establishment of education refer as the other party according to the methods and conditions as prescribed by the Ministry of Education. Consent letter may be submitted along with application for evaluation or prior to the completion of evaluation 2. Clause 4. Government agencies shall appoint board for evaluation as following: (1) Representative of government agencies (3 persons) (2) Representatives of local administration (3 persons) (3) Qualified persons, jointly proposed by government agencies and local administration, who have the knowledge, ability and experience in education, administration, religion, arts, culture, sports culture or local wisdom (3 persons). In cases where there are more than three qualified persons have been nominated and the selection cannot be scaled down to only three qualified persons, lottery drawing method shall be employed. 2 Clause 3 paragraph three was added by the Ministerial Regulation determination of criteria and methods for preparedness evaluation for providing basic education of local administration (No.2), B.E. 2549 (2006).
The committee under paragraph one shall select the qualified persons under (3) as chairman. The government agency shall appoint a government official as Secretary and the local administration (applying for the appointment of official of local administrative organizations) shall appoint the selected officials as Assistant Secretary. Clause 5. The government agency shall appoint the board under section 4 within thirty days of receiving the request. The board under paragraph one shall undertake an evaluation of the local administrative organization within sixty days from the date of the appointment. Clause 6. The government agency shall report the results of evaluation under Section 5, paragraph two to the local administrative organization, establishment of educations, government agencies and related organizations as soonest. Clause 7 3. For the academic year 2006, the local administration shall submit the application for evaluation under Section 3, paragraph one, to transfer the basic education management no more than one hundred and twenty days before the start of the academic year and the government agency shall appoints a board for evaluation under Section 4 within twenty days from the date of application. 4 Given on the 29 th Day of September, B.E. 2547 (2004). Mr.Adisai Bodharamik Minister of Education 3 Clause 7 was amended by the Ministerial Regulation determination of criteria and methods for preparedness evaluation for providing basic education of local administration (No.2), B.E. 2549 (2006).
5 Remarks :- The reason for the promulgation of this regulation is that the National Education Act has given the local administrative organization the right to manage education at any or at all levels contingent on the suitability and local needs and in compliance with the criteria and evaluation methods as set forth by the Ministry of Education. In addition, Section 21 paragraph two of the Ministry of Education Act, B.E. 2546 (2003) has stipulated that the criteria and evaluation methods in assessing the readiness of education management of the local administrative organization shall be in accordance with the Ministerial Regulations which lead to the promulgation of this. Ministerial Regulation determination of criteria and methods for preparedness evaluation for providing basic education of local administration (No.2), B.E. 2549 (2006). 4 Clause 3. With reference to the application for evaluation under Section 3, paragraph one of the Ministerial Regulations on the Determination of criteria and methods for preparedness evaluation for providing basic education of local administration, B.E. 2547 (2004) For the academic year of B.E. 2548 (2005), the local administrative organizations which have passed the evaluation prior to the publication date of this Ministerial Regulation, shall be applicable in the academic year of B.E. 2549 (2006). For the case of the transfer of basic education management, a proof of consent following to the number of additional establishment of educations schools to be transferred shall be submitted to the government agency within sixty days before the start of the academic year. In the case that the consideration is still in due process or the evaluation is not completed, the local government organization shall submit a new application and comply with this Ministerial Regulation. 4 Published in the Government Gazette, Vol. 123, Part 3a, page 1, dated 11 st January, B.E. 2549 (2006).
Remarks :- The reason for the promulgation of this regulation is that the Ministerial Regulation on the Determination of criteria and methods for preparedness evaluation for providing basic education of local administration, B.E. 2547 (2004) has stipulated that the local administration wishing to receive the transfer of basic education management shall obtain the approval from the council of local government, excluding the consent of the establishment of educations to be transferred to the local government organization. In this connection, consent of education administrators, teachers, educational personnel, and basic education committee need to be taken into account. 6