Law Development on Regulating Educational Standard of Private Universities to be consistent with the AFAS Commitment on Education Sector

Abstract

This research aims at developing law on Regulating Educational Standard of Private Universities to be consistent with the AFAS Commitment on Education Sector, carrying out by mixed method of both qualitative and quantitative means. The research finds the constitution and various laws stipulate a regulation of the provision of higher education pursuant to the private university’s main missions which are public service for ensuring quality of higher education being compliance with educational standards and quality assurance in institutional, faculty and curriculum levels that are consistent with those ones provided in other ASEAN countries (Singapore, Malaysia and Vietnam) as well. Certain legal problems hereby are found i.e. a measure on controlled supervision, some standards being not in line with specific context and circumstances, university council’s problems on its composition and meeting frequency and council members’ performance. Some problems of the regulator include its practical way causing complication and overburden, confusion of supervisory direction. Professional bodies have intervened curriculum to qualify graduates for holder of professional license. However, Thailand’s laws and regulations are found being not contrary to its commitment under the ASEAN Framework Agreement on Services (AFAS) in every mode of supply, meanwhile, the AFAS does not engender effect to Thailand’s higher education standards.

This research has several suggestions of a development of regulatory provisions in conformity with educational standards which are definite, inclusive, applicable, equal, effective and flexible to private universities’ identity, proficiency and expertise, emphasizing development of human resources potential rather than construction of premises, intensive support to provision of higher education for maximum benefits based on transparency, participation and consensus. They particularly suggest amending the head of National Council for Peace and Order (NCPO)’s order and regulatory provisions in line with specific context and circumstances, amending some provisions of number and qualification of the qualified council members and of meeting frequency. Besides, the regulators should provide legal measures to eradicate inequality between state universities and private universities, emphasize on learning outcomes and increase subsidy and support for private universities, in addition to development of provisions relating to Thai nominee representing foreign investors and representative office set up for engaging private universities in Thailand.