Name of law a law amending the law on higher education Named Bill WALL of the law on higher education acceptance date 28/07/2011 number/year Official Gazette 61/2011 Decree No 194

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending the law on higher education, adopted by the National Assembly of the HLI 28 July 2011.

Issued in Sofia on August 3, 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending the law on higher education (official SG. 112 of 1995; amend., no. 28 of 1996, no. 56 of 1997; Corr, 57/1997; amend., SG. 58 of 1997 No. 60 of 1999; Corr. 66/1999; amend., SG. 111 and 113 in 1999, 54/2000. , PC. 22 of 2001, PCs. 40 and 53 in 2002, PCs. 48 and 70 by 2004, PCs. 77, 83 and 103 from 2005, PCs. 30, 36, 62 and 108 of 2006, St. 41 since 2007, PCs. 13, 43 and 69 since 2008, PCs. 42, 74 and 99 from 2009 and PCs. 38, 50, 56, 63 and 101 of 2010.)

§ 1. In art. 20, after the word "manifest" a comma and the words "freedom of education" shall be replaced by "freedom of education, freedom of collaboration to carry out joint studies with other higher education institutions and scientific organizations and educational franchise with other high schools, as well as joint research, hudožestvenotvorčeska, design and innovation with other higher education institutions and organizations at home and abroad".

§ 2. In art. 21 the following amendments and supplements: 1. Al. 1:

a) in item 8, after the word "research" is added "hudožestvenotvorčeska, design and innovation";

b) point 9 is replaced by the following:

9. right of association with Bulgarian and/or foreign universities recognised by the legislation of the State concerned, to carry out joint training of post-graduate students, the learning activity and lifelong learning, an educational franchise, as well as the right of association with universities and other organizations in the country and abroad in the performance of the activities referred to in item 8; "

c) in item 10 (b), the words "scientific specialties" shall be replaced by ' doctoral programs ";

d) point 12 shall be replaced by the following:

"12. the law on the Organization of international cooperation, membership of international organisations, the conclusion of contracts for joint learning activities and educational franchise agreements with foreign universities, subject to the requirements of § 4 para. 4 of the supplementary provisions, as well as contracts for joint research, hudožestvenotvorčeska, design and innovation and other forms of cooperation with foreign universities and organizations recognized under the legislation of the country concerned; "

(e)) is hereby set up item 13:

13. right of recognition in accordance with State requirements for acquired abroad degree of higher education or the periods of study completed in foreign universities recognised by the legislation of the State concerned, in order to continue the training in higher school, which performs recognition. "

2. in the Al. 2 the first sentence shall be replaced by the following: "higher education institutions received in the institutional accreditation score from 6.00 till 10.00, entitled after the decision of the Academic Council to carry out training for a fee in the degree" bachelor "degree" master "after acquired secondary education on majors of professional and regulated professions that are received when the program accreditation score from 6.00 to 10.00.

3. Paragraph 3 is replaced by the following:

(3) high schools, received in institutional accreditation score from 6.00 till 10.00, have the right to carry out training for a fee in the educational qualification degree "master" after acquired degree "bachelor" or "master" in the majors that are received when the program accreditation score from 6.00 till 10.00, under the conditions laid down in the rules of procedure of the higher school and with a contract between students and the high school. "

4. Paragraph 4 is replaced by the following:

"(4) the right referred to in paragraph 1. 3 persons who have enjoyed success not less than ' good ' from diploma to degree of higher education. "

5. Paragraph 5 shall be amended as follows:

(5) high schools, received in institutional accreditation score from 8.00 to 10.00, and the organizations under art. 47 shall have the right to carry out training for a fee in the PhD degree in doctoral programs that have received accreditation to score from 8.00 to 10.00, under the conditions laid down in the rules of procedure and with a contract between them and the candidates. "

§ 3. In art. 30, para. 1 item 10 shall be replaced by the following: 10. decide on:

and with the Bulgarian Association) and/or foreign universities for joint training of post-graduate students, the learning activity and lifelong learning and the educational franchise, as well as for association with universities and other organizations in the country and abroad in the execution of activities under art. 21, para. 1, item 8;

(b)) the conclusion of contracts for joint training activities and for the implementation of joint programmes with foreign universities, opening the units abroad, as well as contracts for joint research, hudožestvenotvorčeska, design and innovation and other forms of cooperation with foreign universities and organizations recognized by the legislation of the State concerned;

in) membership in international organizations;

d) recognition of higher education acquired abroad, with the aim of continuing education in the higher school; ".

§ 4. In art. 39 al. 1 shall be amended as follows:

(1) the teaching process in Bulgarian high schools is carried out only in their basic units and subsidiaries, disclosed by the procedure of art. 9, para. 2, item 1 and al. 3, item 3, or in the relevant organisational entities recognised in the legislation of the country where the training takes place, where the learning process is carried out abroad by a foreign University under contract for collaborative learning activity or educational franchise. "

§ 5. In art. 42, para. 4, the words "scientific specialties" shall be replaced by ' doctoral programs ".

§ 6. In art. 47, para. 1 the words "research subjects" shall be replaced by ' doctoral programs ".

§ 7. In art. 75, para. 5, the words "research subjects" shall be replaced by ' doctoral programs ".

§ 8. In art. 78, para. 1 the words "speciality" is replaced by "doctoral programme".

§ 9. Article 79 shall be amended as follows:

"Art. 79. (1) the assessment at the institutional and programmatic accreditation is carried out on the base-10 system, including scores from 0 to 10.00. The assessment for each criterion for the evaluation of objects of art. 77, para. 2 and art. 78, para. 3 is formed as the arithmetic average of the evaluations received by all its indicators according to their factor.

(2) for each criteria of institutional and programmatic Accreditation Council Akreditacionniât of the national evaluation and accreditation agency validates indicators with weights. The criterion "scientific activity" has the greatest relative weight.

(3) Projects for the detection of high schools as well as schools, affiliates, colleges and professional directions and specialties of the regulated professions are evaluated with a positive or negative score.

(4) the period of validity of the accreditation is:

1. six years ago – when the resulting score is from 9.00 to 10.00;

2. five years – when the resulting score is from 7.00 to 8.99;

3. four years – when the resulting score is of 5.00 up to 6.99;

4. three years – when the resulting score is from 4.00 to 4.99.

(5) in the received score between 0 and 3.99 makes denial of accreditation.

(6) Denial of accreditation is done in cases where institutional accreditation the high school received a score between 0 and 3.99 by one or more of the following criteria:

1. internal system for assessing and maintaining the quality of education;

2. profile and qualification of teaching staff;

3. material-technical provision of training.

(7) the negative evaluation in programme accreditation obtained professional strands with score less than 4.00 by one or more of the following criteria:

1. academic documentation and educational process of vocational direction or specialty by regulated professions;

2. profile and qualification of academic staff of professional direction or specialty by regulated professions;

3. material-technical and informational base, specialized training in vocational direction or specialty of the regulated professions.

§ 10. Art is created. 79A:

"Art. 79. (1) high schools with a score of program accreditation from 4.00 to 4.99 are entitled to train only in degree "Bachelor of Arts" in relevant professional direction or specialty of the regulated professions.

(2) if obtained from evaluation program accreditation from 5.00 to 10.00 universities are allowed to train for the acquisition of education and qualification level "bachelor" and "master", as well as the PhD degree "doctor" under the conditions of art. 80, al. 2.

(3) high schools, received accreditation in accordance with the law, may carry out training of students and doctoral candidates by contract for collaborative learning activities with foreign higher education institutions, which meets the following requirements:

1. to have accreditation from an agency, a member of the European Association for quality assurance in higher education (ENQA) and/or listed in the European register of agencies European quality assurance in higher education (EQAR) – for the participating higher education institutions in the educational process of the Member States of the European Union and of the European economic area;


2. to have accreditations in accordance with their national legislation, for participating in the educational process of foreign higher education institutions from third countries. "

§ 11. In art. 80 the following modifications are made:

1. Paragraph 2 shall be replaced by the following:

(2) higher education institutions and the organizations under art. 47, para. 1 may conduct training for acquiring education and PhD in doctoral programs that are received when the program accreditation score from 8.00 to 10,00. "

2. in the Al. 3 the words "research subjects" shall be replaced by ' doctoral programs ".

§ 12. In art. 81, para. 1, item 2 is amended as follows:

1. (c) the words "research subjects" shall be replaced by ' doctoral programs ".

2. In point (d), the words "scientific specialties" shall be replaced by ' doctoral programs ".

§ 13. In art. 83 following amendments and supplements shall be made:

1. a new paragraph. 7:

(7) failure to carry out the recommendations under para. 3, item 2 shall impose the following sanctions:

1. reduce the educational capacity of the higher school – General or professional directions;

2. reduction of the accreditation assessment, respectively, the term of accreditation of the higher school and its professional directions;

3. the withdrawal of the accreditation of the high school. "

2. The current paragraph. 7 it al. 8.

§ 14. In art. 84 the following modifications are made:

1. In paragraph 8. 2, the words "or of the speciality" shall be replaced by the words "or of the doctoral programme".

2. in the Al. 3 the words "research subjects" shall be replaced by ' doctoral programs ".

§ 15. In art. 85, para. 1 is hereby amended as follows:

1. In paragraph 3 the words "scientific specialties" shall be replaced by ' doctoral programs ".

2. In paragraph 6, the words "scientific specialties" shall be replaced by ' doctoral programs ".

3. In paragraph 7, the words "scientific specialties" shall be replaced by ' doctoral programs ".

§ 16. In art. 88 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) in the composition of expert groups in the Al. 1, item 4 may participate Bulgarian and/or foreign experts, established by the Accreditation Council of the national evaluation and accreditation agency, including representatives of the Guild and interbranch organisations and associations of employers. "

§ 17. In art. 88 and following amendments and supplements shall be made:

1. a new paragraph. 3:

"(3) the assessment procedures under art. 81, para. 1, item 1, item 2 (a) and (c), item 3, 4, 5 and 6, i.e. (a) may be undertaken by foreign agencies, members of the European Association for quality assurance in higher education (ENQA) and/or listed in the European register of agencies European quality assurance in higher education (EQAR), at the invitation of the University. "

2. the Previous para. 3, 4 and 5 shall become, respectively, al. 4, 5 and 6.

§ 18. In art. 88 (b), paragraph 2, the words "scientific specialties" shall be replaced by ' doctoral programs ".

§ 19. In art. 91, para. 3, item 1 the words "scientific specialties" shall be replaced by ' doctoral programs ".

§ 20. In art. 95, para. 4, the words "article. 21, para. 2 and 3 ' shall be replaced by "art. 21, para. 2. "

§ 21. In the additional provisions the following endorsements are added:

1. In paragraph 4 shall create al. 3 and 4:

"(3) the Bulgarian high schools may disclose its units abroad under the conditions and in accordance with this law and in compliance with the legislation of the host country.

 (4) in the case of contracts for joint learning and research, hudožestvenotvorčeska, design and innovation and education franchise is applicable Bulgarian legislation, except where the document as a result of the training shall be issued only by a foreign University, with which the contract is concluded. "

2. In paragraph 4 (e):

(a) in item 1) Finally a comma and add "and for the academic title" Assistant "– and the labour contract concluded pursuant to art. 67, para. 1, item 2 of the labor code ";

(b)) is created point 7:

"7." educational franchise "is a combination of intellectual property rights to trade marks, logos, made models, designs, copyrights, know-how or patents or on training programs for students, submitted by a University (frančajzingodatel) to another school (frančajzingopolučatel) for remuneration to be used for the preparation of highly qualified specialists above average education, able to apply and develop scientific knowledge in various fields of human activity for increasing the qualification of the specialists and the development of science, culture and innovation. "

§ 22. In § 7 of the transitional and concluding provisions of the law amending the law on higher education (SG. 63 by 2010) Al. 4 is repealed.

Transitional and final provisions

§ 23. Open until the entry into force of this law the procedures for institutional and programmatic accreditation completed in accordance with this law.

§ 24. (1) the resulting from high schools until the entry into force of this law the institutional and programmatic accreditation is valid until the expiry of the time limit under art. 83, para. 3, item 1.

(2) Applicable until the entry into force of this law marks from četiribalnata system "very good", "good", "satisfactory" and "unsatisfactory" shall be assimilated to guest of a scale of under art. 79, para. 1 the rules laid down by the national evaluation and accreditation agency.

§ 25. Open until the entry into force of this law the procedures for recognition of acquired in foreign higher schools of higher education are dealt with in the previous row.

§ 26. In the law for the recognition of professional qualifications (official SG 13 of 2008; amend., SG. 41 and 74 from 2009, no. 98 of 2010 and no. 8, 9 and 43 from 2011) in § 3A of the additional provisions the following amendments and additions:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) where the evidence of formal qualifications referred to in paragraph 1. 1 certifying the specialized knowledge and skills for professions under art. 4, al. 1 are issued by a third State which is not a party to a bilateral or multilateral agreement, in which participated and the Bulgarian State, the recognition of professional qualifications offers installation of State examinations, referred to in the uniform State requirements under art. 177 of the Act on health. "

§ 27. Within 4 months of the entry into force of this law the Council of Ministers sets in accordance with it the rules of the national evaluation and accreditation agency and the Ordinance on the State requirements under art. 9, para. 3, item 9.

§ 28. Within two months of the entry into force of this law the Council of Akreditacionniât National evaluation and accreditation agency establishes the rules under § 24 para. 2.

The law was adopted by 41-Otto National Assembly on 28 July 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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