Amendments To The Education Act

Original Language Title: Grozījumi Izglītības likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/206963

The Saeima has adopted and the President promulgated the following laws: the amendments to the Education Act to make the Education Act of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 1998, nr. 24; 1999, 17, no. 24; 2000, no. 12; 2001, 12, 16, 21; 2004, nr. 5. No; 2007, no. 3, 2009, 1., 2., no. 14; Latvian journal, 2009, no. 196) the following amendments: 1. Replace the entire law, the word "responsibility" with the word "subordination", the words "in the exercise of parental authority" — with the words "disposed of", the words "custody without parental custody" — with the words "without parental care", the words "company (company)" (folds) – with the word "company" (the fold).
2. in article 1: replace 7 and paragraph 19, the words "occupation" with the words "activities";
to supplement the article with 26.1 points by the following: "261) the national education information system is a database containing information on educational institutions, licensed and accredited educational programs for learners, educators, University and college academic staff, education documents and national statistics."
3. To make article 3 by the following: ' article 3. The right to education (1) the right to education are: 1) the citizen of Latvia;
not a citizen of Latvia, 2);
3) European citizen, European economic area citizen or a citizen of the Swiss Confederation;
4 European Community) the long-term resident who has a valid residence permit in the Republic of Latvia;
5) which has the stateless persons valid stateless travel document issued in the Republic of Latvia;
6) another country of the European Union, the European economic area or the Swiss Confederation, nationals (hereinafter referred to as third-country national) or a stateless person who has a valid residence permit in the Republic of Latvia;
7) or the status of a refugee got person;
8) to the person who has obtained temporary protection in the Republic of Latvia.
(2) a minor asylum-seeker children and minors in the asylum seeker has the right to basic education and secondary education, as well as by adulthood to continue his education.
(3) minors in a third country national or a stateless person who does not have legal grounds to stay in the Republic of Latvia has the right to get the basic education period specified for voluntary departure, or during the period for which the deportation deferred, as well as his detention. "
4. To supplement the law with article 3.1 as follows: "article 3.1. Different treatment of the ban (1) in article 3 of this law such persons have the right to education irrespective of economic and social status, race, nationality, ethnic origin, sex, religion and political beliefs, health condition, occupation and place of residence.
(2) the differential treatment against a person referred to in the first paragraph the circumstances allowed, unless it is objectively justified by a legitimate aim, which is to achieve the means chosen are proportionate.
(3) religious organisations founded an educational institution shall be entitled to rely on the person's religious affiliation, willingness and ability to act in good faith and loyalty in relation to the particular religious teaching (doctrine), as well as moral and behavioral standards, principles and ideals that are the basis for the belief of the faithful.
(4) it is prohibited to directly or indirectly lead to adverse consequences for the person, if it defends its rights in order to prevent discrimination.
(5) if the person in the case to the dispute point to factors that might justify its direct or indirect discrimination in the first paragraph of this article, the conditions for implementing the education program shall be obliged to prove that different treatment is not a violation of the prohibition.
(6) If a different ban or prohibition of treatment cause adverse consequences is violated, has the right to require the Elimination of the infringement, in accordance with the Ombudsman's law for legal support, as well as in the courts. A person has the right to seek damages and compensation for moral damages. In the event of dispute, compensation for moral harm shall be determined at the discretion of the Court.
(7) different treatment ban on teachers and other education employees regulated by other laws.
(8) in this article, the term "discrimination" and they satisfy the consumer rights protection law used terms. "
5. in article 9: in the third paragraph, replace the words "Ministry of education and science" with the words "Cabinet";
Add to article 3.1 part as follows: "(31) State colleges founded programs implemented in the national language. The use of a foreign language study programmes is possible only in the following cases: 1) the official languages of the European Union may enforce study programs for foreign learners learn in Latvia, and study programmes, which are implemented in the European Union and trans-national cooperation framework provided for by the treaties. The course of study of foreign student in the mandatory amount to be included in the national language, if studios in Latvia are expected for more than six months, or more than 20 credits;
2) not more than one-fifth of the course credit may be implemented in the volume of the official languages of the European Union, noting that this part does not include the final test and qualification, as well as bachelor's and master's work;
3) courses in a foreign language requires the implementation of the objectives of the programme under the classification of education of the Republic of Latvia to the following education programs: language and cultural studies, language programs. For courses in compliance with education groups decide Licensing Commission. "
6. in article 12: adding to article 2.1 of the part as follows: "(21) local binding rules may provide a partial fee as co-financing for the education in the municipality founded the professional guidance in education.";
replace the fourth subparagraph, the words "education" with the words "higher education learning programme";
to make a fifth by the following: "(5) this law, article 3, first paragraph, 3, 4, 5, 6, 7 and 8, as well as the second and third persons referred to in the charge for primary and secondary education are identified and covered in the same order as the citizen of Latvia and Latvian citizen."
7. in article 14: make paragraph 3 by the following: "3) determines the order in which the State funded primary and secondary education programs that implement private education institutions;"
make paragraph 6 by the following: "6) confirm the Latvian National Defense Academy's Constitution and individuals founded the University constitutional;";
Add to article 15.1 points as follows: "151) determines the order in which you examine and approve the adequacy of training literature of primary and general secondary education national standards;";
Express 18 as follows: "18) set a single State policy and strategy in education and submit for the approval of the Parliament in the development of guidelines for the next four years;"
to supplement the article with 20.1 points as follows: "201) determines the order in which the educational institution (excluding universities and colleges) provide bibliotekāro and information services;";
make 26 the following: "26) determines the order in which the State financed vocational education programs;"
to complement the article, 30, 31, 32, 33, 34 and 35 points by the following: "30) sets the national education information system content and maintenance and updating of the agenda;
31) determines the order in which the State finances the adult informal education programs, continuing education programs and the improvement of professional qualifications, as well as the relevant criteria for funding;
32) defines the professional qualifications of teachers in the development of the agenda;
33) determines the order in which the State takes the test accredited education programs (excluding higher education programs);
34) determines support measures employers additional education of employees, including the criteria for receiving such support, and support for the implementation of the measures;
35) determines the order in which the educational institution inform the student parents (persons who exercise custody), local or national authorities, if the learner without valid reason not attending an educational establishment. "
8. in article 15: the expression 2 and 3 as follows: "2) policy development planning documents and normative acts in the field of education;
3) supports the national education information system maintenance and updating; ";
Replace paragraph 8, the words "youth issues" with the words "the development of the national language";
Replace paragraph 14, the words "professional development agenda" with the words "professional development agenda";
turn off 16;
Express 17 the following: "17) organizes the electronic learning resources and educational standards in the development of training tools;"
turn off paragraph 19;
Express 24 as follows:

"24) approved by the Ministry of education and science education subordinated institutions (except for high school and College) Regulations;"
Add to article 27 the following: "27) familiar with librarians and information services for educational institutions."
9. in article 16: turn off paragraph 6;
to supplement the article with point 7 by the following: ' 7) confirms their subordinated institutions of education (except for high school and College) regulations. "
10. in article 17: express first and second subparagraph by the following: "(1) each local government is obliged to ensure children who declared municipal administrative territory, opportunity to get preschool education and primary education in the child's place of residence to the nearest educational institution or to the nearest institution in the exercise of educational programmes in the language of the country, to provide young people the opportunity to get a secondary education, as well as provide the opportunity to implement the interest education and support extra-curricular activities also, children's camps.
(2) in order to ensure the opportunity to attend the educational institution by the free choice of residence of the child, which declared municipal administrative territory, but who taught education institution located in other administrative borders of the municipality, the municipality under the Cabinet of Ministers established the order is obliged to conclude a contract for participation in the municipal departments of education authorities in the maintenance of funding. ";
replace the third subparagraph in paragraph 23, the words "with the teaching and methodological literature" with the words "with teaching literature, learning process required for other types of literature";
Supplement third with 23.1 points as follows: "231) the possibility of encouraging educational institutions to use the uniform library information system;".
11. Article 21: make the third paragraph as follows: "(3) in order to ensure a certain degree of it management and support functions of education, relevant tasks (including the higher education program and high school and College accreditation organization) the Ministry of education and science may be delegated to an individual or a public person, concluding the delegation contract.";
to supplement the article with the fourth paragraph as follows: "(4) in the third subparagraph of the Treaty referred to in the delegation may include the right to issue administrative acts."
12. in article 22: make the third paragraph as follows: "(3) a University shall operate on the basis of this law, University of law and regulations, as well as on the school Constitution. The University approved University constitutional law. ";
to supplement the article with the fourth paragraph as follows: "(4) the College operates on the basis of this law, University of law and regulations, as well as to the relevant regulations of the College. College Charter, issued by the University in accordance with the procedure prescribed by law. "
13. Supplement article 23 with the fifth paragraph as follows: "(5) for the educational institution to winding-up or reorganisation of the institutions concerned and the Parties shall be informed no later than six months."
14. Article 24: in the fourth paragraph, replace the word "register" with the words "educational register";
to complement the seventh subparagraph after the word "everyone" with the words "free of charge".
15. Article 25: make the first paragraph by the following: "(1) an educational institution shall be entitled to the laws in order to launch the implementation of educational programmes in the day when it was recorded in the register of educational institutions. Education authorities also considered the date of registration on the date of notification of the administrative act. ";
make the second paragraph, the second sentence as follows: "this provision shall not apply to article 47 of this law in the second part of the mentioned educational institutions."
16. Make the article 26 as follows: "article 26. The name of the educational institution (1) the name of the educational institution and educational departments for the title with this statutory educational degrees and types of names.
(2) the name of the educational institution and must be clearly different from other educational institutions already registered in the register of the name of the educational institution.
(3) educational institutions use the name only for the Latvian or Latin characters.
(4) educational institution in accordance with its historical traditions may be used by the Minister of education and science permission to another name that does not conflict with this Act and other legislation. "
17. Make the text of article 27 the following: "educational institutions, except those that implement only the interest education programs are accredited by the Cabinet of Ministers. Educational institutions which implemented the basic and secondary education degree programs are accredited for six years in the Cabinet. Accreditation is to be carried out within five years of the educational activities of the day. "
18. Article 30: turn in the third paragraph, the words "if it proposes trainees, educators or learners parents";
Add to article 3.1 part as follows: "(31) educational institutions are obligated to provide driver education authorities access to librarians and information services."
19. Put article 35 the third subparagraph by the following: "(3) the procedure for acquisition of professional qualifications determined by the vocational education Act and the universities Act."
20. Supplement article 39, second subparagraph, the first sentence with the words "free (including the internet)".
21. Replace article 41, third paragraph, the words "Ministry of education and science" with the words "Cabinet".
22. in article 46: turn off the fourth part;
to make a fifth by the following: "(5) the Education authorities are entitled to exercise adult informal education programs without a licence, but other legal and natural persons that are not registered in the register of educational institutions, — after receiving a licence authorities."
23. the express article 47 the second and the third subparagraph by the following: "(2) an educational institution shall be entitled to interest education programs without a licence.
(3) the interest education programmes may also implement other legal and natural persons that are not registered in the register of educational institutions, after appropriate licence authorities. "
24. Turn off 29.3 in the first paragraph, "according to the Minister of education and Science approved education program models".
25. Article 48: to supplement the first sentence with the following: "these requirements do not apply to adult non-formal education.";
to supplement the article with the fourth paragraph as follows: "(4) University and College educator education and qualifications determined by the Universities Act."
26. Replace article 50 paragraph 4, the words "deprived of parental authority" with the words "deprived of custody rights".
27. Express article 51, the first paragraph by the following: "(1) the general responsibilities of the Teacher training process are the following: 1) creative and responsible participation in the education program;
2) build learner's own attitude towards yourself, other people, work, nature, culture, society and the State, to nurture a good, fair people — Latvian Patriots;
3) to follow the teacher's rules of professional conduct;
4) in developing its professional competence;
5) follow the learner;
6) cooperate with the learner family education;
7) to participate in the development of the educational process and educational self-government;
8) take other legislation. "
28. in article 52: make paragraph 5 by the following: "5) to receive and to use education programs required for the implementation of informative and substantive collateral;";
Add to article paragraph 6 by the following: ' 6) to get public support for education programs. "
29. the express 54 and 55 of the article as follows: "article 54. Responsibilities of the learner in the learner is responsible for the following: 1) learn the basic education programme;
2) adhere to educational institutions rules or the Constitution and internal rules and with your actions not discredited educational establishment;
3) with respect to treat the Latvian Constitution, the country, its history, society, national symbols and the Latvian language;
4) follow the teacher, student, and other rights and interests;
5) to prevent emotional and physical violence;
6 do not endanger your) and other people's health, safety and life;
7) to be polite to the educational institution and outside it;
8) located in educational institution according to the internal rules of the clothing;
9) participate in educational institutions and in arranging the environment cleaning.
55. article. The rights of Trainees in the learner shall have the right to: 1) to the national or local authorities paid pre-school education, primary and secondary education;
2 training and education process) to express and defend their thoughts and beliefs, without touching other people's dignity and honor;
3) the internal rules in the order provided for the learning process to use in educational facilities, laboratories, equipment, hardware, cultural, sports and medical items and equipment, textbooks, other teaching needs literature, learning resources and digital learning resources, as well as receive bibliotekāro and information services;

4) receive scholarships, loans, allowances, discounts, as well as grants, using public transport, according to the procedures laid down in the laws and other forms of material assistance;
5) get the preventive health care, except for the legislation concerning health care organization and financing arrangements provided for a health screening programme, the preventive inspection and first aid education and its organized events;
6) to participate in the learning process and the development of educational institutions self-government;
7) personal effects protection educational institution;
8) on life and health, to safe conditions in the educational institution and its organized events;
9) implement the laws and other rights. "
30. Replace article 56, the words "orphan child" (fold) with the word "orphan" (fold).
31. Article 57 of the expression as follows: "article 57. Parent (a person who exercises custody) the right to education of the children of the parents (persons who exercise custody) have the right to: 1) choose the educational institution in which the child education;
2) participate in the development of the teaching process and educational self-government;
3) close to the educational institution of the Treaty on the child's education and care institution;
4) to provide and receive information on matters related to the child's upbringing and education;
5) propose to carry out inspections of educational institution;
6) the implementation of other laws and the rights of the child education. "
32. in article 58: replace the words "child's parents" (fold) with the word "parents" (fold);
make the first part as follows: "(1) the parents (persons who exercise custody) must: 1) its ability and material capabilities to ensure the child's family education, health, development and the necessary conditions for household appliances;
2) to collaborate with the educational institution in which the child learns, with educators and others involved in the training process;
3) follow the child, teachers and other people's legitimate rights and interests;
4) inform the head of an educational institution of the child's State of health and other circumstances, if they can play a role in the learning process. "
33. To supplement article 59 with the sixth part as follows: "(6) the State financial aid and the local authorities in accordance with the procedure laid down and in accordance with its criteria may provide financial support to adult education by financing adult informal education programs, as well as supporting the employers of employees additional education."
34. Article 60: to make a fifth by the following: "(5) the State budget and local budget allocations for education institutions planned under the education expenditure estimates submitted projects (budget request) and consumed in accordance with the approved estimate. Education funding is planned according to the number of learners and educational programmes the minimum cost for a single student. "
replace the sixth paragraph, the words "as a result of the services provided, revenues and other income do not affect the national budget" with the words "paid services provided result in revenues and other income do not affect the national budget allocation from general revenue";
to supplement the article with the eighth and the ninth subparagraph by the following: "(8) the State and local educational authorities charged will result in revenues and other revenues for educators and other staff remuneration and the stimulus material, State or municipal educational institutions and development and maintenance costs. Paid services and other revenue cash balances at the end of the financial year remain national or local education authority for the following financial year, and they are not assigned for other purposes.
(9) high school and college funding arrangements determined by the Universities Act. "
35. To supplement the transitional provisions with the 26, 27, 28, 29 and 30 of the following paragraph: "26. The Cabinet of Ministers Regulations provided for in the amendments to this law shall enter into force on 26 March 2010, issued up to august 31, 2010.
27. To this law, the transitional provisions provided for in paragraph 26 of the regulations of the Cabinet of Ministers issued, but no later than august 31, 2010, the following applies to the Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) the Cabinet of Ministers of 18 October 2005, the regulations No 773 "vocational education teachers ' educational and professional development agenda";
2) the Cabinet of Ministers of 28 august 2007 the Regulation No 570 "general education teachers and the educational interests of teachers ' development agenda ';
3) Cabinet of 15 April 2008 rules no 264 "provisions on State test procedures accredited education programs".
28. the amendment to article 14 of this law, in paragraph 26, arrangements for the State financed vocational education programmes, shall enter into force on January 1, 2012.
29. the amended article 27 of this law on educational institutions in implementing the basic and middle-grades education programs, accreditation of six years shall enter into force on January 1, 2012.
30. Article 59 of this law, sixth paragraph, shall enter into force on January 1, 2012. "
36. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions resulting from: 1) Council of 25 July 1977 on the directive on the education of the children of migrant workers (77/486/EEC);
2) Council of 29 June 2000, Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin;
3) of the European Parliament and of the Council of 23 September 2002 by Directive 2002/73/EC amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. (Text with EEA relevance);
4) Council of 27 January 2003 of Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers;
5) Council of 29 April 2004, Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted;
6) Council 13 December 2004, Directive 2004/114/EC on the conditions of admission of third-country nationals for studies, pupil exchange, unremunerated training or voluntary service;
7) the European Parliament and of the Council of 5 July 2006, Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast version);
8) of the European Parliament and of the Council of 16 December 2008. of Directive 2008/115/EC on common standards and procedures in Member States for the return of third-country nationals illegally staying. "
The law shall enter into force on 26 March 2010.
The Parliament adopted the law of 4 March 2010.
President Valdis Zatlers in Riga V 2010 24 March