India’s Education Sector – Back to School
India’s US$40b education market is experiencing a surge in investment. Capital, both local and international, and innovative legal structures are changing the face of this once-staid sector
The liberalization of India’s industrial policy in 1991 was the catalyst for a wave of investment in IT and infrastructure projects. Rapid economic growth followed, sparking a surge in demand for skilled and educated workers. This, combined with the failure of the public system to provide high quality education and the growing willingness of the burgeoning middle class to spend money on schooling, has transformed India’s education sector into an attractive and fast-emerging opportunity for foreign investment.
Despite being fraught with regulatory restrictions, private investors are flocking to play a part in the “education revolution”. A recent report by CLSA (Asia-Pacific Markets) estimated that the private education market is worth around US$40 billion. The K-12 segment alone, which includes students from kindergarten to the age of 17, is thought to be worth more than US$20 billion. The market for private colleges (engineering, medical, business, etc.) is valued at US$7 billion while tutoring accounts for a further US$5 billion.
Other areas such as test preparation, pre-schooling and vocational training are worth US$1-2 billion each. Textbooks and stationery, educational CD-ROMs, multimedia content, child skill enhancement, e-learning, teacher training and finishing schools for the IT and the BPO sectors are some of the other significant sectors for foreign investment in education.
Opportunity beckons
The Indian government allocated about US$8.6 billion to education for the current financial year. But considering the significant divide between the minority of students who graduate with a good education and the vast majority who struggle to receive basic elementary schooling, or are deprived of it altogether, private participation is seen as the only way of narrowing the gap. Indeed, it is estimated that the scope for private participation is almost five times the amount spent on education by the government.
CLSA estimates that the total size of India’s private education market could reach US$70 billion by 2012, with an 11% increase in the volume and penetration of education and training being offered.
The K-12 segment is the most attractive for private investors. Delhi Public School operates approximately 107 schools, DAV has around 667, Amity University runs several more and Educomp Solutions plans to open 150 K-12 institutions over the next four years. Coaching and tutoring K-12 students outside school is also big business with around 40% of urban children in grades 9-12 using external tuition facilities.
Opening the doors
Private initiatives in the education sector started in the mid-90s with public-private partnerships set up to provide information and communications technology (ICT) in schools. Under this scheme, various state governments outsourced the supply, installation and maintenance of IT hardware and software, as well as teacher training and IT education, in government or government-aided schools. The central government has been funding this initiative, which follows the build-own-operate-transfer (BOOT) model, under the Sarva Shiksha Abhiyaan and ICT Schools programmes. Private companies such as Educomp Solutions, Everonn Systems, and NIIT were among the first to enter the ICT market, which is expected to be worth around US$1 billion by 2012.
Recently, the central government invited private participation in over 1,000 of its industrial training institutes and offered academic and financial autonomy to private players. Companies such as Tata, Larsen & Toubro, Educomp and Wipro have shown keen interest in participating in this initiative.
Regulatory roadblocks
Education in India is regulated at both central and state government levels. As a result, regulations often differ from state to state. K-12 education is governed by the respective State School Education Act and the Central Board of Secondary Education (CBSE) Rules and Regulations concerning affiliation and/or the rules of any other affiliating body. Under current regulations, only not-for-profit trusts and societies registered under Societies Registration Act, 1860, and companies registered under section 25 of the Companies Act, 1956, qualify to be affiliated with the CBSE and to operate private schools.
While the K-12 segment accounts for the lion’s share of India’s educational market, weaving through the complex regulatory roadmap to qualify for affiliation poses serious difficulties for investors. The CBSE requires privately-funded schools to be non-proprietary entities without any vested control held by an individual or members of a family. In addition, a school seeking affiliation is expected to have a managing committee controlled by a trust, which should approve budgets, tuition fees and annual charges. Any income accrued cannot be transferred to the trust or school management committee and voluntary donations for gaining school admission are not permitted.
Schools and higher education institutions set up by the trust are entitled to exemptions from income tax, subject to compliance with section 11 of the Income Tax Act, 1961. In order to qualify for tax exemptions, the trust needs to ensure that its predominant activity is to serve the charitable purpose of promoting education as opposed to the pursuit of profit.
Alternative paths
Alternative routes do exist for investors seeking to avoid the web of regulatory barriers that constrain their involvement. Sectors such as pre-schools, private coaching and tutoring, teacher training, the development and provision of multimedia content, educational software development, skill enhancement, IT training and e-learning are prime sectors in which investors can allocate their funds. These areas are attractive because while they relate closely to the profitable K-12 segment, they are largely unregulated. As such, they make attractive propositions for private investors interested in taking advantage of the burgeoning demand for quality education. Companies such as Educomp Solutions, Career Launcher, NIIT, Aptech, and Magic Software, are market leaders in these fields. Educomp recently acquired a large number of educational institutes and service providers across India. It has also formed joint ventures with leading higher education groups, including Raffles Education Singapore, for the establishment of higher education institutions and universities in India and China. Furthermore, it has entered into a multi-million dollar collaboration with Ansal Properties and Infrastructure to set up educational institutions and schools across the country and closed an US$8.5 million deal to acquire Eurokids International, a private provider of pre-school educational services in India. Gaja Capital India, an education-centric fund, has completed the funding of three education services companies in India. NIIT and Aptech, meanwhile, are engaged in the IT training business.
Core Projects and Technology is also focusing heavily on India and is likely to bid to takeover, upgrade and run public schools for specified periods on a public-private partnership basis.
Higher hurdles
While state governments are largely responsible for providing K-12 education in India, the central government is accountable for major policy decisions relating to higher education. It provides grants to the University Grants Commission (UGC) and establishes central universities in the country. The UGC coordinates, determines and maintains standards and the release of grants. Upon the UGC’s recommendation, the central government declares the status of an educational institution, which once authorized, is entitled to award degrees.
State governments are responsible for the establishment of state universities and colleges and has the power to approve the establishment of private universities through State Acts. All private universities are expected to conform to the UGC guidelines to ensure that certain minimum standards are maintained.
Amity University in Uttar Pradesh is one of the private universities to open its doors. It was approved by the Uttar Pradesh state legislature on 12 January 2005 under section 2(f) of the University Grants Commission Act.
Not-for-profit and anti-commercialization concepts dominate higher education fee structures. To prevent commercialization and profit-making, institutions are prohibited from claiming returns on investments. This, however, does not pose a hurdle for universities interested in mobilizing resources to replace and upgrade their assets and services. A fixation of fees is required in accordance with the guidelines prescribed by the UGC and other concerned statutory bodies. For this purpose, the UGC may request the relevant information from the private university concerned, as prescribed in the UGC (Returns of Information by Universities) Rules, 1979.
In line with the policy on Fee Fixation in Private Unaided Educational Institutions Imparting Higher and Technical Education, two types of fees are required: tuition fees and development fees. Tuition fees are intended to recover the actual cost of imparting education without becoming a source of profit for the owner of the institution. While earning returns on investment would not be permissible, development fees may provide an element of partial capital cost recovery to the management, serving as a resource for upkeep and replacement.
Legal precedents
In order to be awarded university status by the UGC, institutions must comply with the objectives set forth in the Model Constitution of the Memorandum of Association/Rules, and ensure that no portion of the income accrued is transferred as profit to previous or existing members of the institution. Payments to individuals or service providers in return for any service rendered to the institute are, however, not regulated.
In this context recent court judgments on private universities are relevant. The Supreme Court, in Unnikrishnan JP v State of Andhra Pradesh, introduced a scheme regulating the admission and levy of fees in private unaided educational institutions, particularly those offering professional education. The ruling was later notified in the fee policy.
Subsequently, in the case of Prof Yashpal and Anr v State of Chattisgarh and Ors in 2005, the Supreme Court assailed the Chattisgarh government’s legislation and amendments which had been abused by many private universities. It was contended that the state government, simply by issuing notifications in the Gazette, had been establishing universities in an indiscriminate and mechanical manner without taking into account the availability of any infrastructure, teaching facilities or financial resources. Further, it was found that the legislation (Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002) had been enacted in a manner which had completely abolished any kind of UGC control over private universities.
The Supreme Court concluded that parliament was responsible for ensuring the maintenance and uniformity of higher education institutions in order to uphold the UGC’s authority. Following the judgment, only those private universities that satisfied the UGC’s norms were able to continue operating in Chattisgarh.
Professional institutions
Professional and technical education in India is regulated by professional councils such as the All India Council for Technical Education (AICTE). Established under the AICTE Act, 1987, AICTE gives recognition to courses, promotes professional institutions, provides grants to undergraduate programmes, and ensures the coordinated and integrated development of technical education and the maintenance of standards. The AICTE has recently exerted pressure on unrecognized private technical and management institutes to seek its approval or face closure.
A single bench decision of the Delhi High Court in Chartered Financial Analysis Institute and Anr v AICTE illustrates the far-reaching implications this kind of pressure can have on all institutions operating independently of the AICTE. The court found that the Chartered Financial Analyst Institute, a US-based organization, was engaged in imparting technical education and that its charter, though not described as a degree or diploma, was nevertheless descriptive of the candidate attaining an academic standard, entitling him to pursue further courses, and achieve better prospects of employment in the investment banking profession. The AICTE argued that the Chartered Financial Analyst Institute fell within the ambit of its regulation and was therefore obliged to submit to the jurisdiction of the regulatory body. The Delhi High Court upheld the AICTE’s view that the Chartered Financial Analyst Institute did qualify as an institution imparting technical education..
This judgment may have emboldened the AICTE to proceed against a number of other establishments that are on its list of unapproved institutions. It holds particular significance since despite not granting degrees and diplomas, the Chartered Financial Analyst Institute was still deemed by the court to be covered under the description of a “technical institute”.
Enthusiasm grows for foreign participation
While regulators such as the AICTE continue to exercise influence in the Indian education system, the sector is expected to witness a surge in foreign investment and perhaps a reduction in the number of regulatory roadblocks as a result of the central government’s enthusiasm for overseas investors. Foreign direct investment in higher education could help reduce government expenditure and there is a general consensus that education as a whole should be opened for domestic and foreign private participation.
The entry of foreign educational institutions into India will be covered by the new Foreign Education Providers (Regulation for Entry and Operation) Bill. The bill seeks to regulate the entry and operation of foreign education providers, as well as limit the commercialization of higher education. Foreign education providers would be given the status of “deemed universities” allowing them to grant admissions and award degrees, diplomas or certificates.
Operationally, the bill proposes to bring foreign education providers under the administrative umbrella of the UGC, which would eventually regulate the admissions process and fee structures. Since these foreign institutions will have to be incorporated under central or state laws, they will also be subject to the government’s policies of reservations. The bill is pending approval from the Indian Parliament but it is unclear if it will be taken by the present government for a vote prior to the general elections in 2009.
Innovative structures unlock profitability
The regulatory restraints on running profitable businesses in the K-12 and higher education sectors have driven Indian lawyers to devise innovative structures that enable private investors to earn returns on their investments. These typically involve the establishment of separate companies to provide a range of services (operations, technology, catering, security, transport, etc.) to the educational institution. The service companies enter into long term contracts with the trust operating the institution. Payments made by the trust to the service companies must be comparative and proportionate to the services rendered by such companies. Furthermore, in order to qualify for tax exemptions, the expenses paid by the trust to the service companies must not exceed what may reasonably be paid for such services under arm’s length relationships.
Despite the regulatory constraints, the Indian education sector is on a path of exponential growth. A growing number of private companies are undertaking creatively structured projects in the education business and the level of investor confidence is demonstrated by the recent spate of M&A activity that has taken place.
With more domestic players emerging, the education sector is likely to witness consolidation, but at the same time, increasing foreign participation will drive competition and raise standards. Liberalization will continue to intensify as the government struggles to remedy its poor public education system and provide quality institutions to educate India’s masses.
Definition of Distance Education
Distance education is oftentimes referred to as “Distance Learning” as well, and is simply defined as “a field of education focusing on the andragogy and pedagogy, instructional systems, and technology which endeavor to deliver an education to students who are not physically in a classroom or campus setting.” In its simplest terms, it means earning a degree online.
The use of electronic (i.e. computers) and printed media enable the student to pursue their education without attending classes on a college or university campus. They are enabled to communicate and study at the times they select, through various technologies that allow them to interact in real time and through many different ways using the internet.
Additionally, distance education courses do not require any physical presence on-site for reasons inclusive of taking examinations that are considered to be blended or hybrid courses of study.
Advantages and Disadvantages of Distance Learning
Naturally, there are advantages and disadvantages to distance education degree programs. However, contrary to varied beliefs and opinions, the distance education advantages far outweigh the disadvantages.
The Advantages of distance learning are:
1. It requires no commuting – therefore saving you money and time
2. You complete most of the classes at your own pace – no pressure
3. You can live anywhere in the world, study from anywhere in the world, and pursue your choice of distance education course studies
4. Gain extra knowledge while you are learning – taking those computer and internet skills you gain and then applying them to other facets of your life
5. The self-paced learning environment can be taken advantage of by the quickest or the slowest of learners – increases the satisfaction level while reducing stress in the process
6. Accessibility factors – distance education courses address the physical accessibility issues that people with mobility problems oftentimes encounter while being enrolled in the traditional on-campus classes
Unfortunately, you can’t discuss the advantages of distance education without covering the disadvantages. These disadvantages are the following:
7. Sometimes the technology is complex and costly – despite the numerous opportunities of distance education, there are always accompanying costs
8. Advance planning is necessary – both the instructors and the students oftentimes need to make sacrifices scheduling the times to get things done
9. Beware of hidden costs – If you’re in naval branch of the military for example, and you are out at sea, how do you receive your study materials?
10. Distance learning does not offer immediate feedback – in the traditional classroom setting, the student’s performance is immediately assessed, whereas with distance education, the student has to wait for feedback while the instructor is reviewing their work
11. Distance learning does not always offer all the necessary courses online – students pursuing specific certificates or degrees may not be afforded all the necessary courses that are available through distance education programs so some programs are not suited for all course of study.
12. Distance learning may not be acknowledged by all employers – granted, most employers will acknowledge distance education, but there are some who don’t
13. Distance learning does not give students the opportunity to work on oral communication skills – students in distance education courses do not always get to engage in verbal interaction with fellow students and professors
14. Social isolation – more often than not, you study alone and distance learning students often times feel isolated and miss the social interaction that accompanies the traditional classroom on campus
What Are the 13 Categories of Disability For Special Education Eligibility?
Does your child struggle with academics, and you are concerned that they may have a disability? Have you been told by special education personnel that your child does not fit any of the 13 eligibility classifications to receive special education services? This article will discuss the 13 classifications of disability, that are covered in the Individuals with Disabilities Education Act (IDEA), and make a child eligible for special education services. Whether a certain child is eligible is up to the parent and the IEP team, but having a disability in one of the 13 categories is required in order to be found eligible.
The categories are:
1. Autism: A developmental disability that can affect the verbal and nonverbal communication, social interaction, and can have a negative affect on the child’s education. The prevalence of autism is 1 in 150 as determined by the CDC or Center for Disease Control.
2. Other Health Impaired (OHI): The child exhibits limited strength, alertness, due to chronic or acute health problems, including but not limited to asthma, ADD/ADHD, cancer, diabetes, which negatively affects the child’s education.
3. Mental Retardation: Defined as significantly below average general functioning, with deficits in adaptive behavior, which negatively affects the child’s education.
4. Emotional Disturbance (ED): Exhibits one of the following conditions over an extended period of time and these conditions negatively effect a child’s education. An inability to learn that cannot be explained by intellectual, sensory or health factors. For a child to be ED they are not supposed to have any other type of disability negative affecting their education.
5. Deafness: Residual hearing is severely impaired in processing the spoken word, negatively affecting the child’s education.
6. Hearing Impairment: Exhibits a hearing loss that is permanent or fluctuating, which even with amplification negatively affects the child’s education.
7. Visual Impairment: Impairment is such that educational potential cannot be fulfilled without special services and materials.
8. Deaf-Blindness: Child has both hearing and visual disabilities.
9. Specific Learning Disability (LD): Exhibits a disorder in one or more of the basic psychological process (such as visual, motor, language etc) which negatively affects a child’s education.
10. Multiple Disabilities: The child exhibits two or more severe disabilities, one of which is mental retardation.
11. Orthopedic Impairment: Displays severe impairments that are the result of congenital anomaly, developmental, or other causes (such as CP) which negatively affects the child’s education.
12. Speech or Language Impairment: Exhibits a communication disorder, such as stuttering, impaired articulation, a receptive and/or expressive language disorder, that negatively affects the child’s education.
13. Traumatic Brain Injury: The child has an injury to their brain resulting in total or partial functional disability.
By knowing what categories are covered under IDEA you will be able to understand if your child has a disability that makes them eligible for special education services. You are the only advocate that your child has-do not let them down!