Tutoring School - How difficult is it to do it legally?

[SlyAnimal]

Ok so I've been thinking about doing private tutoring for a while, with my plan essentially being that after my son was born, my "life" of relaxation & weekend getaways would be over, and so I might aswell use the time to make some extra money. As he was born earlier this year, I've been thinking about it more and more (now that the initial lifestyle changes have sunk in).

However, despite only microscopic chances of being "caught", I'm a stickler for doing things legally, or at least making a valid effort.

As a result, I'd like to know if:

1/ Anyone has had any success in adding a secondary address etc to an existing work permit to allow tutoring.

2/ Anyone knows what the requirements are for opening a tutoring school, and what obtaining a WP for it, as the owner, would entail (ideally linking to official documents in either Thai or English).

3/ Anyone knows what the requirements are for opening a language school, and what obtaining a WP for it, as the owner, would entail (ideally linking to official documents in either Thai or English).

I'm in a small town, and would initially just be doing it "on the side" while I work at the local high school. So I wouldn't be dependent on it for money, although long term that would of course be the goal.

I could likely afford to lease or buy a suitable property & develop it to meet the needs of a school. Likewise I know a few people with MEduAs who might be interested in being business partners.

I'm not in a hurry to get anything up and running, as it's more a long term plan than an immediate one.

Any advice which people are able to give would be greatly appreciated

[Loaded]

A tutorial school is classified as a category 15/2 private non-formal school, so the same requirements apply as for a language school. You first register your school with the MoE, it will then be inspected. If it passes the inspection process, you'll receive your school license. The licensing process can take up to 18 months. You are allowed to operate your school during this process but you won't have the documents required to issue work permits until you are licensed.

1/ Anyone has had any success in adding a secondary address etc to an existing work permit to allow tutoring.

The school will need to be licensed by the MoE before you can do that. If it's licensed, it shouldn't be a problem.

2/ Anyone knows what the requirements are for opening a tutoring school, and what obtaining a WP for it, as the owner, would entail (ideally linking to official documents in either Thai or English).

The requirements are extensive and I advise visit your local MoE office for the full list. The most difficult one will be the building. This has become stricter over the last few years and now to obtain a license a school needs to be purpose-built for that purpose stated on its original MoE registration. There are still many licensed and legal shop-house schools but these were licensed before the purpose-built requirement was introduced a few years ago. The exception to this is shopping mall schools. Exceptions are made for these.

Most towns and cities have small tutorial 'schools' running from single-units in buildings and these are not licensed. They are operating illegally. However, like many things in Thailand, there is a lot of tolerance for low-level under-the-radar illegal behaviour. However, it becomes far more serious when foreigners are involved because then Labour and Immigration laws are also broken.

It's the location that needs to be licensed by the MoE. IE a licensed school cannot license another location. A school cannot operate legally just because it's a branch of a licensed school. That branch location must be licensed as well.

The school needs to be owned by a company.

3/ Anyone knows what the requirements are for opening a language school, and what obtaining a WP for it, as the owner, would entail (ideally linking to official documents in either Thai or English).

See above.

Edited July 16, 2015 by Loaded

[bigt3116]

"However, it becomes far more serious when foreigners are involved because then Labour and Immigration laws are also broken."

Only if the person is on a visa or extension of stay that does not allow work, otherwise it would just be Labour law that is being broken.

[SlyAnimal]

I thought there was something whereby if you have under x students at a time (I thought it was 7), then it counts as something different with different standards/requirements or something? (Which is why I asked the same question 2x but for language schools vs tutoring schools).

[Loaded]

I thought there was something whereby if you have under x students at a time (I thought it was 7), then it counts as something different with different standards/requirements or something? (Which is why I asked the same question 2x but for language schools vs tutoring schools).

My understanding and experience is that education law applies to any educational institute that has had at least 7 students from the date they first started operation. These institutions must then be registered and licensed by the MoE.

Private School Act

Relevant sections of the act:

“Non-formal School”

means a school providing education with flexibility in determining of objectives, forms, methods for provision of education, duration of education, measurement and evaluation, which are important conditions for finishing education, and shall include the Islamic educational centers of the mosques (Tadika) and Ponoh educational institutions.

Non-Formal Schools

Section 120.

The establishment of a Non-formal School shall require a license from the Licensor (MoE).

Section 5.This Act shall not apply to (1) An educational establishment having a total of not exceeding 7 students.

http://www.ctlo.com/mediacenter/Publications/2011-03-28-PrivateSchoolAct-En.pdf

Edited July 17, 2015 by Loaded

[SlyAnimal]

Ahh ok, that makes more sense seeing the act, so it's more about the cumulative number of students since opening rather than class size (Which was what I'd thought it was).

[bangmai]

Perhaps, have a chat with Mac Walen. I believe they work on a franchisee basis. Might be some good benchmarks on start-up time-frames. I've noticed Walen has been a lot lower profile since the ED visa crackdowns. The tutoring schools seem to be pretty fly by night, and easy for the Thais to start up, and the ones I've seen totally flout visa/wp regulations. It would be hard to compete against that. The four thai employees for every WP rule/law would be deal-breaker for me.

[Emster23]

Section 5.This Act shall not apply to (1) An educational establishment having a total of not exceeding 7 students.

I am on retirement visa, ex USA teacher. Could I tutor 6 students without getting in trouble? I would not charge fees, as I don't need the money and I like kids.

[bangmai]

It's not worth the risks. A 51 yo American died under guard (he was serving 25 years) a few days ago. He allowed at least one kid to come to his home and use the pool. Apparently there is one kid who has filed complaints against 20 different farangs. He was originally sentenced to 38 years, but some of the witnesses recanted, but he was still convicted of one charge at the retrial and got 25 years. If he had just used common sense that is often taught to adults that supervise children...not being alone with them, or putting yourself in a position to be accused.

Tutor online for money, and donate it to charity if you really don't need it. Same thing I tell people about buying stock in the "evil" tobacco companies....it's better to make money and give it away, than it is to lose money.

[Loaded]

Section 5.This Act shall not apply to (1) An educational establishment having a total of not exceeding 7 students.

I am on retirement visa, ex USA teacher. Could I tutor 6 students without getting in trouble? I would not charge fees, as I don't need the money and I like kids.

As a foreigner, you'd need to change your non-immigrant to a B and obtain a work permit which would be impossible as your 'school' wouldn't be licensed. However, the reality is that there is little likelihood of being noticed and caught unless you upset someone.

[Loaded]

It's not worth the risks. A 51 yo American died under guard (he was serving 25 years) a few days ago. He allowed at least one kid to come to his home and use the pool. Apparently there is one kid who has filed complaints against 20 different farangs. He was originally sentenced to 38 years, but some of the witnesses recanted, but he was still convicted of one charge at the retrial and got 25 years. If he had just used common sense that is often taught to adults that supervise children...not being alone with them, or putting yourself in a position to be accused.

Tutor online for money, and donate it to charity if you really don't need it. Same thing I tell people about buying stock in the "evil" tobacco companies....it's better to make money and give it away, than it is to lose money.

Some context: this was in Pattaya.

Edited July 19, 2015 by Loaded

[gaijinsomchai]

This may help.

http://www.ajarn.com/blogs/jason-alavi/doing-it-yourself/

[bangmai]

This may help.

http://www.ajarn.com/blogs/jason-alavi/doing-it-yourself/

Correct me if I am wrong; but it looks like they didn't make it through 2011. Anyone have a follow-up on The American English Language School? Ironic he was on a public forum giving instructions on "gifts," and still didn't seem to last. Seen that before...