POLICY FORMULATION IN EDUCATION

Definition:

v  A Public Policy is a goal oriented course of action adopted and implemented by the government bodies and officials in pursuit of certain objectives or goals of public interest.

v  Basically, Public Policies are:

v  Goal oriented

v  Decision making process

v  Government’s collective action

v  Addresses public concerns

v  Interaction of people’s demands with power structures

DEFINITION OF PUBLIC POLICY

v  Whatever governments choose to do or not to do.. (Dye, 1972, p. 18)

v  A proposed course of action of a person, group or government within a given environment providing obstacles and opportunities which the policy was proposed to utilize and overcome in an effort to reach a goal or realize an objective or purpose.(Frederich, 1963, p. 79)

THE POLICY DEVELOPMENT PROCESS

1.Problem definition (a) problem recognition (b) situation analysis (c) problem definition (d) priority determination	2. Value and Goal Clarification (a) Consideration of values and goals (b) clarify normative foundation (c) describe desired results (d) develop criteria and indicators	3. Option Generation (a) focus on goals (b) develop alternatives (c) think broadly and outside of established norms
4. Selection (a) use tools to evaluate alternatives (b) understand potential impacts (c) consider, debate alternatives (d) compromise, make tradeoffs, bargain (f) decide/recommend (g) close the loop	5. Implementation (a) understand success factors (b) assess capacity (c) assign responsibility (d) choose instruments (e) align (f) transfer	6. Evaluation (a) monitor/obtain feedback (b) compare actual and desired results (c) learn (d) modify as necessary

NATIONAL EDUCATION BOARD

—  The National Education Board (NEB) has a primary role in policy formulation in education.

—  It is chaired by the secretary of Education and has the responsibility, as defined by the Education Act, 1995 ‘to advise and make recommendations to the Minister on such matters relating to education as he refers to it, and on such other matters relating to education as seem proper’.

—  The Department of Education is organized on the basis of four divisions, one of which is known as the Policy, Planning, Research and Communications Division (PPRC). One of the objectives of PPRC is

—  ‘To advise and assist the Minister in the development of relevant policies in accordance with the legislative requirements and national education objectives’ (Department of Education 2001,).

FORMULATION OF EDUCATIONAL POLICY

—   The Ministry of Education (MoE) is the main centre for decision-making and the formulation of educational policies. Moreover, the majority of the educational establishments  are controlled by this Ministry.

1.The Role of the Ministry of Education (MoE)

v  Basically, the MoE formulates educational policies according to the political orientation of the country’s administration.

v  These policies generate draft-laws that are submitted to Parliament for debate, after which - with occasional amendments - they become laws (decrees).

v  The MoE is then responsible for their implementation and puts them into action through decrees, directives, and circulars addressed to the regional and local educational authorities, to the legal entities of public law or the civil entities that the MoE supervises.

v  The MoE follows-up the implementation of these laws and intervenes if necessary, to adjust or correct their implementation.

v  The MoE decides on almost all the issues that concern teaching, personnel administration, expenditure, school operation, etc. It is also responsible for the drafting and managing the two annual education budgets (current and capital), apart from the Prefecture(district under the govt of perefect)office budgets (comprising also of education sections), which are drawn-up by the Prefectures themselves.

2.Bodies and Agencies 

v  In policy formulation various agencies participate directly or indirectly.

v  The role of the governmental agencies is direct while the role of the non-governmental agencies indirect.

v  Some of the agency: which take part in policy formulation are legislature, cabinet, state governments, civil servants, judiciary, boards and commissions mass media, political parties, pressure groups and public.

v  It is essential to examine the role of these agencies in the formulation of an educational policy in India.

Legislature

—  In a democratic form of government, the role of the legislature as the prime policy making hotly is significant. It is now regarded as a constitutional procedural device for legitimizing the policies and decisions of government

Cabinet:

—  In the democratic form of government, it is the constitutional task of the Cabinet to decide the policies which are to be placed before the legislature for its sanction.

—  Members of the Cabinet are the immediate and proximate policy makers".

—  Within the Cabinet it is said that, the power of the Prime Minister in recent times has increased.

—  It is also stated that the Prime Minister exerts strong influence over policy decisions if he has the majority support of members of the union legislature. Same is the case with the Chief Minister at the state level.

—  The Cabinet and the Cabinet Committees play only an advisory and deliberative role while the real decisions are taken by the Prime Minister himself.

State Governments :

—  In a federal polity like ours the Union Government and the State Governments participate in policy making.

—   The State Governments formulate policies and make laws on items mentioned in the state and concurrent lists.

—  At the state level, the state legislature and council of ministers under the leadership of the Chief Minister and other advisory bodies participate in the formulation of policies

Boards and commissions: (Permanent)

—  Various boards and commissions attached to different ministries like the Railway Board, the University Grants Commission(UGC), and the Union Public Service Commission(UPSC) assists the respective ministries or the cabinet as a whole in policy formulation when public policy is not in its final stage.

Bureaucracy:

—  The bureaucracy, in the  developing countries, plays a dominant role in policy making, because of the underdeveloped nature of the political system.

—  Administrators, both specialists as well as generalizes, are part and parcel of various policy making bodies like the Union education

Judiciary :

—  The Judiciary is also regarded as an important agency in the policy making process.

—  In the United States and India, constitutions entitle the Supreme Courts to exercise judicial review. Policies in many areas have been influenced by judicial decisions

Mass Media :

—  In an ideal situation, mass media is an important means of communication between the citizen and the government, and so helps in shaping their reactions to each other's decisions.

—  It communicates information to the citizens about the decision of the government.

Political Parties :

—  Political parties are an important part of the machinery for policy-making.

—  The party system is itself a source of policy making in many democracies, especially the Western ones. Political parties, including the Indian National Congress.

Pressure Groups :

—  Organized groups or association of workers, farmers, teachers, students, traders, civil rights groups, environmental action groups and other non governmental organizations articulate their demands through various channels.

DECISION MAKING

—  Decision making is the focus of analysis and attempts to define it as a construct(form or theory from various conceptual elements). The rational paradigm is often evident as in Tarter and Hoy’s (2010) description of decision making as:“ rational, deliberative, purposeful action, beginning with the development of a decision strategy and moving through implementation and appraisal of results”

—  Decision making is one of steps of policy making

—  Agenda setting

—  Decision making

—  Implementation

—  This does not operate in a vacuum rather it is the sum total of three issues in one, all of which are interdependent in co committed and commensurate (correspondence in size or degree)and are:-
• Decision making process
• Decision maker
• Decision making environment

DECISION MAKING PROCESS

}  In a typical democratic setting, decision making process begins with formulation of issues, which comes about from the social environment referred to as INPUT from the demands of the sub-environment [socio-cultural, economic, religious, educational, psychological, individual, ecological- north, south, west, east. ]

}  In a democracy, decision making is all encompassing (compehensive)because all the arms of government take decision in one form or the other.

}  The legislative for instance, through individual an collective acts of the peoples representatives make laws in itself the act of decision making and what ever is decided in terms of laws is complemented by the executive arm:

ü Federal level [Federal Executive Council]

ü State level [ State Executive Council]

ü Local level [Local Government Council]

}  When it comes to implementation, the council decides the most appropriate and best course of action and this in it self is an aspect of decision making.

}  The Judiciary interprets the laws in settlements of disputes/crisis. This in itself is also the act of decision making as the judges will sit down and pass judgments based on the issues available to them

—  Decision making process does not operate by itself and in either of the three aspects discussed. It is always actualized by individuals and groups. On individual basis, [Decision maker] on collective basis [decision makers],.

DECISION MAKER

—  Scholars differ in their expositions on the nature of decision maker. But one central thing that runs across all their ideas is that as human beings, a decision maker is not made in a day. Thus his nature can only be understood within the context of his life-long-socialisation experiences.

—  Evaluation is one of components of decision making because it is concerned about results of action already formulated and implemented which forms a basis of complete circle of the decision making process and the process goes back into the another at times in a refined or reformed or reformulated decision which was earlier taken based on the outcome resulting from evaluation.

—  Process of policy making with the help of education example

—   Below is an explanation of the stages of making policies and laws, using a specific example of compulsory education.

Stage one – Ruling party conference gives vision, goals and direction

}  Stage one in the process takes place at the major conferences of the ruling party where policies are made. At these conferences particular issues are debated and discussed and the ruling party decides its overall vision, goals and direction on specific issues.

}  For example, the ruling party may decide at their national conference that the policy regarding access to education should be that all children under the age of 17 must be in school – compulsory education. It is now the role of the party’s members in the executive and legislative arms of government at national and provincial levels to initiate the processes that will lead to the implementation of this policy.

Stage two – Executive (Ministry) draws up policy on an issue

}  Stage two of the process takes place at national level where the ruling party attempts to convert its party policy into official government policy or law following the procedures prescribed by the Constitution. It is clear therefore that there is a strong political link between key legislative and executive structures and the majority party.

}  It is the responsibility of the executive branch of government to develop new policies and laws. It is the responsibility of the legislative branch (Parliament) to approve policies and pass new laws to give legal effect to the policies. But this is a long and slow process during which the policy or law proposed by the ruling party is debated and negotiated with various stakeholders, such as opposition parties, the public, non-government organisations, etc. 

—  This can take many years to complete. Example:
The ruling party has stated its policy of compulsory education for all children under the age of 17. The national Minister of Education now informs his/her department of the need for a policy document to be produced on this issue. The first discussion document to be published will be a Green paper. This will be drawn up by the Ministry and the Education Department with the help of advisors, experts in education, advisory committees, etc.

stage three - Finalizing a policy

}  Stage three of the process is when the policy is finalized by the relevant Department and Ministry. Once a policy has been properly debated the Department and Ministry look at the issues and options and draw up a final policy which is published as a White Paper. The White Paper is a statement of intent and a detailed policy plan which often forms the basis of legislation. It is debated and adopted by Parliament and approved by Cabinet.

}  Example
The Education Department looks at all the options and comments from stakeholders and the public regarding the policy of compulsory education for all children under the age of 17 years. For example, there may be input from Treasury saying that the government cannot afford to provide compulsory education immediately for all children under 17 years, so the policy should be phased in over 5 years. If agreed to by the Portfolio Committee these changes will be included in the revised document which is called a White Paper. Cabinet then has to approve the final policy.

Stage four - Passing a law

—  A White Paper often forms the basis of legislation. If the Minister or the Department decides that a new law is necessary to achieve its objectives and implement its policy, the Department will begin the job of drafting the new law. In its early stages before a new law has been tabled in Parliament it is called a draft Bill. Once it has been tabled in Parliament it is called a Bill.

}  The Bill is sent to the National Assembly (NA) who will refer it to the relevant Portfolio Committee.

}  The Portfolio Committee reviews the Bill and asks for public comment.  When the Portfolio Committee considers the Bill it is regarded as the best time to lobby for changes or to protest the principle of the Bill.  Once the committee has made changes and asked for clarity, they will send a report on their findings to the NA.

}  The NA considers the Bill and then votes on it with the changes the Portfolio Committee may have made.

}  The Bill then goes to the National Council of Provinces (NCOP) where the appropriate Select Committee in the NCOP considers the Bill. The Bill goes through a different process depending on whether it contains issues that affect the provinces or not

Stage five - Subordinate legislation and implementing the law and policy Once National Parliament has passed a law, or a policy has been published, it is up to national and provincial ministries and departments to implement the law and/or policy. If it is necessary national and provincial legislatures and local authorities can pass subordinate legislation that gives more detail on matters contained in the original law. Examples of subordinated legislation are:

ü  Proclamations issued by the President

ü  Regulations for acts made by ministers

ü  Regulations of local authorities

ü  Provincial proclamations

ü  Municipal by-laws