Law on Adult Education (Adult Education Act)


Date LOV-2009-06-19-95


Affairs Ministry

Edited



Published in 2009 Booklet 7


Effective 01.01.2010, 01.07.2010

Changes
LOV-1976-05-28-35

Promulgated
19.06.2009 kl. 16.45

Short Title
Adult Education Act

Chapter Overview:

Chapter 1. Purpose and scope (§§ 1-3)
Chapter 2. Study associations (§§ 4-12)
Chapter 3. Online Schools (§§ 13-16)
Chapter 4. Various schools (§§ 17-26)
Chapter 5. Final provisions (§§ 27-29)

Ref. previous May 28, 1976 No.. 35.

Chapter 1. Purpose and scope

§ 1. Purpose The purpose of this Act is to promote lifelong learning by facilitating organized learning activities beside the formal education system. The law will contribute to motivation and access to knowledge and skills for all, and so promote individual development and meet the needs of society and the workplace.

§ 2. Scope The Act applies to approval for public funding for approved adult education and approved online schools, and conditions for such grants, ref. Chapter 2 and Chapter 3 of the Act.
Act applies further condition for public funding for schools that June 30, 2010 is approved and in operation under Chapter 6A of the Act of 4 July 2003. 84 about private schools entitled to state subsidies (Private Schools Act), ref. Section 4 of the Act and schools that are approved in accordance with § 17, second paragraph of the Act.
King issues regulations on the application of Svalbard and Jan Mayen, and may lay down special rules taking account of local conditions.

§ 3. Definitions For purposes of this Act:

A)

Studieforbund: ideal and democratic organization approved pursuant to § 5, which performs tasks within adult education, and which has several member organizations.

B)

Sami adult education, adult education and among Sami.

C)

Membership organization in adult education: organization that performs tasks within adult education, and who is a member of an education association, cf. § 5, letter f.

D)

Your School: nonprofit entity authorized pursuant to § 13 have distance learning as the main purpose.

E)

Distance education: training of remote communication where the teacher and participant are separated in space or time.

Chapter 2. Studieforbund

§ 4. Overall Objectives of education associations training activity education organizations shall conduct its training activity on the basis of the following overall objectives:

A)
To help maintain and strengthen democracy and lay the groundwork for sustainable development by engaging and developing active citizens.

B)
Making it possible for people to influence their own lives.

C)
To combat exclusion and contribute to social inclusion.

D)
To contribute to motivation and access to knowledge and skills for all and to meet the needs of a society and working constantly changing.

E)
To strengthen cultural diversity and increase participation in cultural life.

F)
Being an independent arena for learning and a supplement to public education for adults.

§ 5. Approval of adult education Ministry may on application approve a study associations for grants under the Act.
In addition to running its training activities in accordance with § 4, must an educational associations meet the following conditions:

A)
It must have training as the main purpose, or otherwise have a great purpose.

B)
It must have the term "adult education" in the name.

C)
It should have a democratic structure.

D)
It must have business across the country, including a regional organizational affiliation.

E)
Student Association courses must amount to a minimum level. The Ministry determines the minimum level, and rules for reporting regulations.

F)
Student Association must have a minimum number of member organizations. The Ministry determines the minimum number of regulations.

What provisions of letters d, e and fi subsection, the Ministry will issue regulations separate requirements for Sami education associations. What the provision in subparagraph a, second paragraph, the Ministry will issue regulations separate requirements for political parties adult education.

§ 6. Model for state subsidies to education associations Study associations approved in accordance with § 5 of the Act, may receive state subsidies.
State allocation consists of the following components:

A)
Grunntilskudd.

B)
Training Grants.

C)
Facilitation Grants.

Ministry issues regulations concerning the criteria for grants, calculation rules, reporting and control. The Ministry may in regulations provide that organizations other than approved adult education can get public funding for a transitional period after the law takes effect.

The Ministry shall issue regulations include special provisions for grants for Sami education associations.
Local authority may provide funding for adult education from municipal and county plans.

§ 7. Free use of classrooms Classrooms where operating costs covered by the state, shall on application made gratuitously available to educational associations and membership organizations at the annual course with grants pursuant to Chapter 2 of the Act. Ministry issues further regulations.

§ 8. Shared Agency for adult education Joint Committee for adult education can apply for grants for operations and coordination responsibilities to study associations and tasks of the Ministry.

§ 9. Protection of the term education associations term adult education can only be used as names of organizations that are recognized as educational associations by law, cf. § 5.

§ 10. Documentation of training participants in courses with grants pursuant to Chapter 2 of the Act shall have documentation of completed training. Ministry issues further regulations.

§ 11. Supervision and control Ministry supervises and controls the activities of this Chapter, and shall in this connection have access to relevant documentation.

§ 12. Reaction Methods If it is discovered conditions in violation of the law, with regulations issued under the Act or with the conditions for approval, the Ministry may issue an order to remedy the situation.
Ministry may withhold state grant or withdraw approval if the conditions of the law, conditions in regulations issued pursuant to the law or the conditions for approval are not met. The Ministry may also claim back overpaid grants, and grants which are used in violation of law, regulations issued under the Act or the conditions for approval.

Chapter 3. Online Schools

§ 13. Approval of online schools Ministry may approve an application online school for grants under the Act.
The conditions for approval under subsection is that online school has a distinct purpose and that it has distance learning as the main purpose.
An accredited online school will operate on the basis of the following overall objectives:

A)
To develop distance learning as training method.

B)
Giving access to flexible and high-quality training to meet the needs of individuals in society and the workplace.

C)
To develop training programs adapted to the individual based on assumptions and needs.

§ 14. Subsidies for online schools Online Schools accepted by § 13 of the Act, and common body of these, you get state subsidies to the development of teaching solutions and learning resources and the operation of public bodies.
Ministry may issue regulations concerning the criteria for grants processing grant applications, reporting and control.

§ 15. Supervision and control Ministry supervises and controls the activities of this Chapter, and shall in this connection have access to relevant documentation.

§ 16. Reaction Methods If it is discovered conditions in violation of the law, with regulations issued under the Act or with the conditions for approval, the Ministry may issue an order to remedy the situation.
Ministry may withhold state grant or withdraw approval if the conditions of the law, conditions in regulations issued pursuant to the law or the conditions for approval are not met. The Ministry may also claim back overpaid grants, and grants which are used in violation of law, regulations issued under the Act or the conditions for approval.

Chapter 4. Various schools

§ 17. Approval of schools Schools June 30, 2010 is approved and in operation under Chapter 6A of the Act of 4 July 2003. 84 about private schools entitled to state subsidies (Private Schools Act), 1 are entitled to public funding and to doing business under this chapter.
Ministry may on the basis of an application for an overall assessment approve operational changes and new schools under this chapter. The approval lapses if not school starts up its activities within three school year after the approval is granted. The same applies if the operation by law is closed down.
Ministry may issue regulations specifying deadlines in connection with the application for approval of operational changes and new schools.
Ministry may issue regulations concerning the purchase of training services.


§ 18. Requirements for content and assessment of the training school shall drive after curriculum approved by the Ministry. It must be clear plans which assessment and documentation the school will use. The school should have curricula that are at the level of primary education. The school defines itself its own professional and / or value-related basis. Training shall be in Norwegian or Sami. If there are special reasons, a school, partially or completely, get approved another teaching language than Norwegian and Sami.
Ministry may issue regulations concerning assessment of pupils, appeals for review, examination and documentation.
Ministry may issue regulations on a national qualifications framework.

§ 19. Taking pupils Schools should have the whole country as the intake area.
Schools should have an inlet check showing priority of applicants, if the number of applicants to the school exceeds the school's capacity. The school can in the admissions regulations set conditions for admission to school. Policy prioritization of applicants and a condition for admission must be justified by objective considerations. The school will decide in accordance with the regulations which of the applicants should be admitted.
By decision after these rules apply Administration. Decisions concerning admission are decisions,. Administration § 2. appealed to the Ministry.

§ 20. Competence requirements for teaching staff Board establishes competency requirements, unless the ministry in the particular case decides otherwise.
If no applicants satisfy the qualification requirements under subsection, other hired temporarily. Unless it is agreed a shorter period of employment shall be the appointment last until 31 July.
On employment terms Working Environment Act §§ 13-3 and 13-4 and diskrimineringsloven1 §§ 4 and 7.

§ 21. Wages and working conditions The Board determines the employees' wages and working conditions.

§ 22. Expulsion The school can in school rules stipulate that students who seriously or repeatedly violate the rules, can be expelled from teaching. Students can be expelled for up to five days. CEO at school adopts dispossession after consulting the pupil's teachers.
When a pupil over time have shown a behavior which seriously impairs order and peace to work at school, or when a student seriously neglects his duties, the pupil, if the board expelled from the rest of the course the student is taken into on.
Before taking a decision on dispossession, the school must consider other auxiliary or refsingstiltak.
Administration Act applies by decision under this section. Decision on expulsion is decisions,. Administration § 2. appealed to the Ministry.

§ 23. Government grants, tuition fees etc. All public grants and tuition fees for students to get students to good. This means that the school can not

A)
provide dividends or otherwise transfer profits to owners or their relatives, neither when school is in operation or when the operation is closed down

B)
incur costs in the form of rent expenses for property or facilities belonging to the school owners or their relatives, or otherwise incur costs that may involve any government grants or possessions of students are not going pupils to good .

Ministry may issue further regulations on the prohibition of dividends or other transfer referred to in subparagraph a.
Schools receive state subsidies to approved training. Schools receive covered 75 percent of the expenditure covered by the grant basis by state subsidies. The grant is calculated from a normal rate. The assumption is that students get education at least equivalent to half a school year. The Ministry may issue regulations concerning documentation and reporting of the number of pupils.
Schools may collect tuition fees. The Board determines the size of tuition. The tuition can represent up to 25 percent of grant foundations, by an amount determined by the Ministry in addition to reimbursement of expenses for rent or capital costs. The Ministry may in special cases make time-limited exemptions.
Schools can require the pupils to stick with teaching materials and equipment for their own use as training normally makes it necessary to have, and they can demand payment from students for the costs of copying such materials. Schools may not require some form of payment for the training of students beyond the requirements of this provision or regulation issued pursuant to this provision. Ministry issues further regulations concerning the right to take payment for training.

§ 24. Other provisions The following provisions of the Private Education Act apply insofar as appropriate for schools pursuant to Chapter 4:

-

§ 2-2 on requirements for the activities of the school, with the exception of the third paragraph. If a school under Chapter 4 has fewer than 10 students three school years in context, falling approval away.

-
§ 2-4 on requirements for school facilities and school environment

-
§ 3-3 third paragraph of schooling

-
§ 3-4 in customized training and organizing students into groups, with the exception of the third paragraph

-
§ 3-9 about school rules and the like

-
§ 4-1 on management

-
§ 5-1 of the Board, with the exception of letters a and c

-
§ 5-2 Board's duties, with the exception of letters a and e

-
§ 5-3 about student council, with the exception of the first paragraph, first and second sentences

-
§ 7-1 budgetary, accounting and reporting

-
§ 3.7 on confidentiality.

§ 25. Supervision Ministry supervises schools that conduct their business under this chapter and shall in this connection have access to school facilities and documentation.
Upon termination of school operations, the Ministry may in all cases request the repatriation of remaining funds arising from the grant.
Ministry may issue regulations requiring those responsible for training activities and those receiving training, to provide information and participate in evaluations and report on matters of importance for the evaluation of training activities.

§ 26. Reaction Methods If it is discovered conditions in violation of this section, the regulations issued pursuant to this chapter or with the conditions for approval, the Ministry may issue an order to remedy the situation.
Ministry may withhold state grant or withdraw approval if the requirements of this chapter, terms in regulations issued pursuant to this chapter or the conditions for approval are not met. The Ministry may also claim back overpaid grants, and grants which are used in violation of this section, regulations made under this Act or the conditions for approval.
Subsections also applies if it is discovered conditions in conflict with other laws and regulations, and the relationship discrediting the school.

Chapter 5. Final provisions

§ 27. Transitional provisions Studieforbund approved by law on 28 May 1976. 35 on Adult Education (Adult Education Act), retains its approval for 3 years after this law comes into force, cf. § 31. The Ministry may grant special subsidies to merging of adult education.
Independent distance education institutions which are authorized by law on 28 May 1976. 35 on Adult Education (Adult Education Act), will be referred to approved online schools after this law comes into force, cf. § 31, but otherwise retain its approval.

§ 28. Commencement This Act comes into force on 1 January 2010.
Chapter 4 enters into force on 1 July 2010.

§ 29. Amendments to other Acts From the time the law comes into force, the following amendments to other legislation: - - -