Announcement Of Law On Special Educational Support In Higher Education

Original Language Title: Bekendtgørelse af lov om specialpædagogisk støtte ved videregående uddannelser

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Overview (table of contents)



Chapter 1



Purposes, etc.





Chapter 2



Students who can get support





Chapter 3



Support needs and funding opportunities





Chapter 4



Education, which can be supported





Chapter 5



Support frame and støttetid





Chapter 6



Student activity





Chapter 7



Application, management and digital communication





Chapter 8



Various provisions





Chapter 9



Entry into force, etc.



The full text of the Ordinance to the law on special educational support in higher education

Hereby promulgated law on special educational support in higher education, see. lovbekendtgørelse nr. 539 of 28. may 2013, with the changes brought about by section 20 of the Act No. 639 of 12. June 2013 and § 2 of the law No. 521 of 26. may 2014.

The announced legislative text relating to article 1, paragraph 2, section 2, paragraphs 2 and 4, § 5, nr. 2, § 9, paragraph 1, section 10, paragraph 1 1. paragraphs, and paragraphs 4 to 6, section 11, section 12, paragraphs 1-5, section 13, paragraphs 1 and 2, § 14, § 15, paragraph 1 1. point, and (2), sections 16 and 17, article 17 a, paragraph 1, and article 18, paragraph 4, shall enter into force on the 1. July 2014, see. section 3 of Act No. 521 of 26. may 2014 amending law and law on SU-special educational support in higher education (Educational support for education abroad, etc.).

Chapter 1 Purpose, etc.

§ 1. The law aims to ensure that students with physical or mental impairments, who are admitted to tertiary education, regardless of functional reduction can complete training in equality with other students.

(2). Special educational support in accordance with the law is administered by the Ministry of education and research. 1) Chapter 2 students who can get support section 2. A student can request special pedagogical support, when he or she 1) due to physical or mental impairments need support in order to implement the training referred to in article 6. § 3, 2) is enrolled in and undergo a training for which aid may be granted, in accordance with article 3. § 4, 3) have Danish citizenship, in accordance with the international agreement has a right to support, on an equal footing with Danish nationals or in State aid terms by education in Denmark on an equal footing with Danish nationals after the Minister for education and research provision, 4) do not exceed the support frame and support time, see. §§ 5-9, and 5) are Studio asset, see. sections 10 and 11.

(2). Special educational support for education abroad is given to learners, which satisfies the conditions laid down in paragraph 1, and which has a special connection to Denmark.

(3). It is a condition for continuing to receive aid that the student meets the conditions laid down in paragraph 1.

(4). Education and Minister may lay down detailed rules concerning the mapping requirement referred to in paragraph 2.

Chapter 3 support needs and funding opportunities section 3. Special educational support may be granted in one or more forms of aid, if 1) support is required in order to compensate physical or mental impairments in connection with implementation of the training, 2) function reduction can be compensated and 3) it is impracticable to provide the necessary support.

(2). Education and Minister may lay down rules about 1) forms of support, 2) restriction of aid, taking account of compliance with the appropriation allocated on the Finance Bill, and 3) limitation of the aid corresponding to the economic level, where support is or would be granted to the individual by training students in Denmark, to study tours and training periods abroad, see. § 4 (1) (8). 1, as well as for training abroad, see. § 4 (1) (8). 3 and 4.

Chapter 4 Courses, which can be given support clause 4. Special educational support may be granted to students who are enrolled in and go through 1) publicly recognized higher education up to master's degree and master's degree and sidefags supplementation, which falls under the Ministry of education and research or the Ministry of education, that warrants the State education aid, including mandatory internship periods in these courses, even if they do not benefit from State education aid, 2) theoretical and practical teacher training course, 3) education abroad, as by a Danish educational institution is approved as part of a training covered by nr. 1, and that the students are doing and 4) education abroad, which are not covered by nr. 3, but who shall be eligible for State support for education.

(2). Education and Minister may, at the request of another minister determine that higher education, which falls within part, minister, attributed to the law.

Chapter 5 Supporting framework and støttetid § 5. Special educational support may be granted for up to 70 months (CSF). Support frame is extended to the extent that the standard duration of an education exceeds 58 months and can be extended if 1) total duration for a standard bachelor's and a master's degree or a similar training course, which consists of several courses, exceeding 58 months, 2) the student has completed a course that is subject to section 4, paragraph 1, no. 1, as qualifying education to the education provided support to, without having conducted a second qualifying education, or 3) the student reviews the sidefags supplementing or diploma in education.

§ 6. Special educational support for the individual training can be within the support framework, see. section 5, shall be granted in respect of the number of months corresponds to the set duration, including any mandatory internship, with a surcharge of 12 months (support hours).

§ 7. Support framework, see. § 5, and support time, see. § 6, can be extended up to 12 months), 1 if the student has been delayed in the training due to participation in the institution's Management Board or work related to training seekers social and educational conditions, 2) if the student has been delayed in the training due to illness or other special conditions, 3) with up to 12 months for the mother and 6 months for the father in connection with the birth or adoption of a child and 4) if the student has exhausted the support time and is estimated to be able to complete the training within 12 months.

§ 8. Support framework, see. § 5, can be extended for an education, the students are in the process of, if illness or other special circumstances have meant that the student has not conducted an earlier started training and therefore have switched to a new education.

§ 9. The Ministry of education and research shall decide on the extension of the support frame and støttetid at the request of the students and the setting from the educational institution.

(2). Education and Minister may lay down detailed rules on the extension of the support frame and støttetid.

Chapter 6 Study activity § 10. Special educational support may be granted to students who study is active, see. (2). The Ministry of education and research shall decide on Studio activity.

(2). A student is active until the case study is more than 12 months behind in training. The delay is the difference between the number of months that are used for training, and the study-related progress in accordance with the rules applicable to education, measured in months.

(3). Extension of support time pursuant to section 7 shall not be counted in determining the number of months that are used for training, see. (2).

(4). By education, covered by section 4 (1) (8). 1 and 3 checks to see if the educational institution the student study activity on an ongoing basis and report to the Ministry of education and research, when the student is no longer active study. By training within the scope of section 4 (1) (8). 2, control and reporting of the appointing institution.

(5). By training within the scope of section 4 (1) (8). 3, provides the documentation from the foreign students at the educational institution that the Danish educational establishment notice of Studio activity after the Danish educational institutional provision in each case. On this basis, making the Danish educational institution reporting to the Ministry of education and research, see. (4).

(6). By education, covered by section 4 (1) (8). 4, provides the students of documentation from the foreign educational institution for education and Research Ministry notice of Studio activity in accordance with the education and Research Ministry's determination in each case.

§ 11. Special educational support may be granted to students who do not meet the condition set out in section 10, paragraph 2, if the Ministry of education and research on the basis of a recommendation from the educational institution determines that there is such a success in the student's course of study, that it is reasonable that there continue to be assigned to support.

Chapter 7 filing, administration and digital communication section 12. The student submitting respectively to the educational institution where the student is admitted, and for appointing the institution when the student is admitted to the diploma in education, about special educational support for education within the scope of section 4 (1) (8). 1-3. the provisions of paragraph 2. The institution, the institution of employment respectively, make recommendations to the Ministry of education and research support.
(3). The Ministry of education and research shall decide on support for the student on the basis of the application and the recommendation of the institution, the institution of employment respectively. The Ministry of education and research after the cessation of training can provide that aid granted in the form of assistive devices, etc. are transferred to the student to the property.

(4). The institution, the institution of employment respectively, granting the aid to the student in accordance with the decision of the Ministry of education and research and shall bear the costs related thereto. By the institution's decisions accordingly apply the Act on administrative procedures for institutions that are not part of the public administration.

(5). The Ministry of education and research institution, the institution of employment respectively, will compensate for the expenses incurred by the institution, the appointing institution, has held, respectively, in accordance with the decision of the Ministry of education and research and may pay out an advance on the amount.

(6). Education and Minister lays down rules concerning the application and setting, including on the deadlines referred to in article 6. paragraphs 1 and 2, as well as rules on compensation, see. (5), and on the return of unused funds.

(7). Minister of education and lays down rules for the institutions ' financial reporting as well as on the audit of the accounts.

§ 12 a. respectively, the educational institution and the institution of employment, when the student is admitted to the diploma in education, shall submit recommendations to the Ministry of education for special educational support on behalf of the student. The setting must be submitted digitally through the use of digital solution. The digital solution made available by the Ministry of education on behalf of the Ministry of education and research (digital self service). The educational institution must receive decisions and opinions, etc. relating to the setting of special educational support through the use of the digital solution, as the Ministry of education on behalf of the Ministry of education and research shall make available. Learners to receive decisions and opinions, etc. on option digital.

(2). Education and Minister shall lay down detailed rules concerning that option on special educational support as well as the reception of decisions and communications can be otherwise than by digital self-service, where special conditions apply.

(3). Education and Minister may lay down rules to the effect that the communication between the educational institution, the institution of the contract of employment, the Ministry of education and research and its participation and negotiated with the Minister for the Ministry and its agencies and institutions must be done digitally.

(4). Education and Minister lays down rules on the use of digital signature and other secure personal identification.

§ 13. The student shall submit an application to the Ministry of education and research for special educational support for education within the scope of section 4 (1) (8). 4, when the person is admitted to the foreign educational institution.

(2). The Ministry of education and research shall decide on and provide support to the students, see. (1).

(3). Education and Minister lays down rules concerning the application of the basic regulation. paragraph 1, including on the deadlines.

Chapter 8 miscellaneous provisions § 14. The Ministry of education and research shall ensure that students and educational institutions and employment institution can get advice and guidance on special educational support and conditions as well as on the application and setting.

§ 15. The Ministry of education and research can be with the students, other public authorities and private institutions obtain the information about the students who are required to take a decision on the allocation of and control of the aid. Education and Minister may lay down rules on access to obtain information, including the information to be provided in electronic form and, where appropriate, in what format.

(2). The Ministry of education and research for educational institutions may disclose the information about the student that are required for the performance of tasks in accordance with this law.

§ 16. Education and the Minister may provide for tasks, as after this law is carried out by the Ministry of education and research, in whole or in part carried out by educational institutions, institution of employment respectively.

(2). The Ministry of education and research may, in accordance with the complaint or on its own initiative, amend an educational institution, the institution of employment respectively, decision.

(3). To the extent that the educational institutions that are not part of the public administration, in accordance with paragraph 1 be empowered to take a decision in accordance with this law, apply the administrative procedure code for these institutions.

(4). Education and Minister may lay down rules on educational institutions, respectively the employment institution, accomplishing tasks and on the supervision of the Ministry of education and research, including rules to the effect that the Ministry of education and research from educational institutions and employment institution may require information that is necessary for the performance of supervision, including individual-based information.

§ 17. Decisions taken by an educational institution or institution of employment under this Act may, within 4 weeks after the person has been informed of the decision, be brought before the Ministry of education and research, which the decision relates.

(2). The Ministry of education and research may, until 6 months after the complainant has been informed of the decision, see away from exceeding the time limit in paragraph 1, when the breach of the specific reasons are excusable.

(3). Decisions of the Ministry of education and research after this law can of it, as the decision relates, be brought before the Appeals Board for State student aid schemes in accordance with the rules of the Act on the Appeals Board for State student aid schemes. The complaint must be referred, within 4 weeks after the complainant has been informed of the decision.

section 17 (a). Education and Minister can empower a government agency under the Ministry or other government authorities after negotiation with the concerned minister to exercise the powers conferred on the Minister by this Act or the Ministry of education and research.

(2). Education and Minister may lay down rules on access to appeal against decisions taken pursuant to the authority in accordance with paragraph 1, including that decisions should not be subject to appeal.

(3). Education and Minister may lay down rules governing the exercise of the powers of another government agency after negotiation with the concerned minister will be authorized to exercise under paragraph 1.

Chapter 9 entry into force, etc.

§ 18. The law shall enter into force on the 1. August 2000 and shall take effect for the granting of aid from the 1. January 2001, see. However, paragraphs 2 and 3.

(2). Students who are covered by the law, and that pursuant to section 63 of the Act on active social policy have been promised support that goes beyond the 1. January 2001, will continue to receive aid.

(3). Education and Minister shall lay down detailed rules concerning the aid provided for in paragraph 2, including whether that assistance shall be provided by the educational institution on the basis of the promises.

§ 19. The law does not apply to the Faroe Islands and Greenland.

Act No. 416 of 6. June 2002 amending the law on the State support of education and the law on special educational support in higher education (the Danish International Brigade, support for education abroad, etc.) contains the following entry-into-force provision: 2)

§ 3 paragraph 1. The law shall enter into force on the 1. July 2002.

Paragraph 2-3. (Omitted)

(4). § 2, nr. 1, has effect for applications for special educational support for education abroad, received in the Agency after the 1. July 2002.

Act No. 1595 by 20. December 2006 amending the Act on special educational support in higher education (relaxation of restriction of special educational support in connection with study tours and training periods abroad) includes the following entry-into-force provision: 3)

§ 2 paragraph 1. The law shall enter into force on the 1. January 2007.

(2). The law has effect for applications received in the educational institution, the institution of the contract of employment or, if the application relates to support for an education abroad, Agency for the State's Education aid after the 1. January 2007.

Act No. 78 by 27. January 2010 on amendments to the law on State educational support (SU-law) and various other laws on Ministry area (supporting specific competence-expansion process for recent graduates) includes the following entry-into-force provision: 4)

§ 4 paragraph 1. The law shall enter into force on the 1. February 2010 and valid up to and including 31 December 2002. January 2011, see. However, paragraph 2. The Bill can be confirmed immediately after its adoption.

(2). The law applies to competence-deepening progression, as the recent graduates commencing during the period from the 1. February 2010 up to and including 31 December 2002. January 2011.

Act No. 1373 of 28. December 2011 amending various education laws, etc., and repealing the Act on training for advertisment, law on education for nutrition and household economist and law on merging and closing of seminaries (access to the delegation of competence and determination of appeals, etc.) contains the following entry-into-force provision: 5)

section 16 (1). The law shall enter into force on the 1. January 2012.

Paragraphs 2 to 4. (Omitted)
Act No. 514 of 4. June 2012 on amendments to the law on establishments of general secondary education and general adult education etc., the law on institutions of vocational education and the law on special educational support in higher education (Digital communication in matters relating to special educational support) includes the following entry-into-force provision: 6)

section 4 of the law shall enter into force on the 1. July 2012.

Act No. 274 of 19. March 2013 amending SU-law and various other laws (consequential amendments as a result of the Act on the Appeals Board for State student aid schemes) includes the following entry-into-force provision: 7)

§ 9 (1). The law shall enter into force on the 1. April 2013.

Paragraph 2-3. (Omitted)

Act No. 485 of 17. may 2013 amending SU-Act, special educational support in higher education and the law on universal service discounts for students at higher education (Simplification of International Fellowship scheme, international student loans, repealing provisions on support to specific competence-expansion course, etc.) contains the following entry-into-force provision: 8)

§ 4 paragraph 1. The law shall enter into force on the 1. July 2013.

Paragraph 2-3. (Omitted)

Act No. 639 of 12. amending various legal provisions June 2013 on public access, etc. (consequential amendments in the light of the law on open Government and of changes in the administrative procedure code and the code of civil procedure) contains the following entry-into-force provisions: 9)

section 31 the law shall enter into force on the 1. January 2014.

§ 32 paragraph 1-5. (Omitted)

Act No. 521 of 26. may 2014 amending law and law on SU-special educational support in higher education (Educational support for education abroad, etc.) contains the following entry-into-force provision: 10)

§ 3 the law shall enter into force on the 1. July 2014.

The Ministry of education and research, the 1. June 2014 Sofie Carsten Nielsen/Jesper Schaumburg-Müller Official notes 1) pursuant to § 17(a) have education and Minister delegated the administration of special educational support in higher education for quality and Regulatory Agency under the Ministry of education.

the amendment relates to section 2) 2 (2).

3 Amendment relates to section 2) (1). 2, § 2, paragraph 2, § 3, paragraph 2, no. 3, § 4, paragraph 1, article 4, paragraph 1, no. 1, § 10 (4), 2. paragraph, article 12, paragraphs 1 to 4, two spots in the article 12, paragraph 5, article 14, article 16, paragraphs 1 and 4, and article 17, paragraph 4.

4 Amendment relates to clause 3) (2). 3, § 4, paragraph 1, no. 3-5, and article 12, paragraph 1.

5 Amendment relates to section 17 (a)).

6 Amendment relates to the title of Chapter 7) and section 12 (a).

7 Amendment relates to section 17).

8 Amendment relates to clause 3) (2). 3, § 4, paragraph 1, no. 3-5, and article 12, paragraph 1.

the amendment relates to section 9) 12 (4), 2. section, and section 16 (3).

10 Amendment relates to section 1), (2), section 2, paragraphs 2 and 4, § 5, nr. 2, § 9, paragraph 1, section 10, paragraph 1 1. paragraphs, and paragraphs 4 to 6, section 11, section 12, paragraphs 1-5, section 13, paragraphs 1 and 2, § 14, § 15, paragraph 1 1. point, and (2), sections 16 and 17, article 17 a, paragraph 1, and article 18, paragraph 4.

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