LEGAL MEASURES TO SUPPORT DECENTRALIZATION BUDGETING OF BASIC EDUCATION INSTITUTIONS

Abstract

Abstract

This research aims to (1) examine legal issues related to the decentralization of budgetary authority to educational institutions, (2) study and compare Thailand’s legal measures with those of other countries, and (3) propose legal improvements to enhance the efficiency of budgetary decentralization to educational institutions. The study employed a documentary research method, collecting data from laws, ministerial regulations, and both domestic and international research works, followed by content analysis to systematically synthesize factual information.

The results revealed that although Thailand’s decentralization of budgetary authority in basic education institutions is supported by legal frameworks such as the National Education Act B.E. 2542 (1999) and its amendments, the implementation remains highly centralized. Consequently, educational institutions lack administrative flexibility, particularly small schools without independent budgetary units, resulting in delays and inefficiency in financial management that do not align with local contexts. Thailand’s model is characterized more by “delegation” than by “full devolution”, differing from countries such as the United States, Australia, and New Zealand, which grant schools greater autonomy in managing budgets, personnel, and curricula under community-based accountability mechanisms that promote flexibility and transparency.

Although some public schools in Thailand have been granted legal entity status to enhance management efficiency, their operations remain constrained by existing legal frameworks namely, the Ministry of Education Administration Act B.E. 2546 (2003), the Teachers and Educational Personnel Act B.E. 2547 (2004), and the Government Procurement and Supplies Management Act B.E. 2560 (2017) which limit independent decision-making. The proposed improvement measures include: (1) amending fundamental education laws to authorize direct budgetary management by schools,                 (2) establishing “school consortia” to enable joint resource management, (3) developing personnel capacity and increasing support staff, and (4) creating a clear monitoring and evaluation system to ensure that budget decentralization is transparent, sustainable, and conducive to genuine improvements in educational quality.