Malaysia's New Student Protection Policy Sparks Teacher Concerns Over Liability

Malaysia's Ministry of Education (KPM) has launched a new Student Protection Policy designed to ensure the safety and well-being of all individuals within the school environment, including students, teachers, and staff. The policy aims to provide a comprehensive framework for managing incidents and clarifying the roles and responsibilities of everyone involved.

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This policy refers to protection for all those involved and dealing with students. KPM's priority is to protect all students, teachers, and the entire school community.

Minister of Education Fadhlina Sidek acknowledged the concerns voiced by some teachers regarding the implementation of this policy. She urged teachers to remain calm and allow the ministry to provide thorough explanations. Sidek emphasized that the KPM's primary focus is to guarantee comprehensive protection for all students, teachers, and school personnel. The policy, she explained, offers detailed guidance on how to handle various situations, outlining the duties of each party when incidents occur.

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If something happens at school, this policy provides detailed guidance on the responsibilities of all parties and how to handle it.

Despite the ministry's assurances, some teachers have taken to social media to express their anxieties. Concerns have been raised about the potential for teachers to bear the full brunt of responsibility if a student is injured, particularly in cases involving students with special needs who may exhibit challenging behaviors. Questions have been posed regarding whether teachers would be held liable for incidents such as a student having a tantrum and injuring someone, or a student falling and hurting themselves, especially if parents are perceived as not adequately supporting their child's needs or if sufficient specialized classes are not available.

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Why is that responsibility placed on the teacher? For example, if I am a primary school teacher and there is a special needs student who likes to have tantrums and hit people. If suddenly they hit someone and cause injury, am I responsible? Or if they suddenly run and fall and injure themselves, am I also responsible?

The ministry has committed to conducting special sessions with stakeholders, led by the Director-General of Education and the Legal Advisor of KPM. These sessions are intended to address and clarify the concerns raised by teachers, ensuring a clear and comprehensive understanding of the policy's implementation. The KPM reiterated its commitment to meticulous and responsible execution of the policy to foster a secure school environment.

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The consequence after this is that if anything happens to a student in the school area, the burden of responsibility falls on the teacher 100 percent, not on KPM. If sued, KPM is not responsible, it's still the teacher. Because the circular has been signed.