Law On The College Graduate (Law School)

Original Language Title: Lov om fagskoleutdanning (fagskoleloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2003-06-20-56

Law on the College graduate (vocational school law).

Date law-2003-06-20-57 Ministry the Ministry of education Recently changed law-2016-06-17-68 from 01.07.2016 published in 2003 booklet 9 entry into force 20.06.2003 Change Announced short title vocational school law-fgskol.

The title changed by law June 29, 2007 # 90 (ikr. 1 aug 2007 68. res. 29 June 2007 No. 758). -CF. the previous laws 14 June 1985 No.. 73 and 28 jan 2000 Nr. 9.-Sml. Law 1 apr 2005 Nr. 15. section 1. Purpose and scope the purpose of the law is to ensure high-quality educations fagskole through a public authentication scheme. The law will help ensure that students at fagskole educations satisfactory terms.
The law applies to the offering college graduate (offers), and which has received the approval of the education section fagskole after 2. With college graduate refers to vocational educations based on secondary education or equivalent real expertise, and that has a scope similar to a minimum of half a year of study and a maximum of two study years. With the vocational education refers to education that provides skills that can be taken in use in the workplace without further general training initiatives.
The law applies to providers of college graduate with business in the Kingdom. The law applies to Svalbard and Jan Mayen Islands for as far as nothing else is determined by the King. The King can establish special rules under consideration for the on-site conditions.
The law does not apply to activities that are performed outside the realm. The King may decide that such business still will be encompassed in whole or in part by the provisions of the law.
After the deal with foreign State or international organization can the scope be expanded or curtailed on specific issues.

§ 1 a. County responsibility for the College graduate the County shall ensure that it offers approved college graduate that take into account local, regional and national expertise needs within the priority social areas.

section 1 b. administrative law the provisions of the administrative law of impartiality in sections 6 to 10 and of confidentiality in section section 13 to 13 e applies to the processing of cases by the law here.
If nothing else is specified, applies to administrative law chapter III to VI and VIII for the decisions about admission, final review, cancellation of the exam, expulsion, exclusion, skikkethets review, specific recognition and exemption by law here. Decisions about specific recognition and exemption may be appealed according to the rules in section 13.
The approval decision made by KUT to providers of college graduate in the regulation can be exempted from the provisions relating to appeal in administrative law chapter VI.

§ 2. Authentication an education that fall under the definition in section 1 and fill the other criteria set out in or pursuant to this Act, upon application approved by college graduate.
Provider of education that are approved as college graduate, on specific criteria can get power of attorney to create and embed fagskole educations within specific subject areas (approved provider). The Ministry may provide regulations on the terms and conditions for the approval of the provider.
Authentication is made by the National Agency for quality in education (KUT), cf. Law 1. April 2005 Nr. 15 about universities and colleges Chapter 2.
Providers who get approval after the first or second paragraph shall have satisfactory internal systems for quality assurance. Student evaluations will be included in the systems of quality assurance. The Ministry may provide regulations with complementary provisions on quality assurance.
If the conditions for approval are no longer met, KUT withdraw approval. If authentication is pulled back, have the responsibility of ensuring the provider that the students get started on a completed education.
The Ministry provides regulations on the authentication scheme and on the rights and duties arising out of the approval.

§ 3. Organization and Management Studies schools should have a Board of Directors with at least five members as the top responsible governing body.
The Board is responsible for ensuring that students get the education that is provided as the basis for validation, that all terms of any Government grants are observed, and that the way business is run in accordance with the applicable laws and regulations. The Board is responsible for ensuring that information is being given, and education seeking, KUT is correct and complete.
The Board may delegate its decision-making authority to the other by subjects the school if nothing else is stipulated.
Students and staff should have representatives with the meeting-, voice-and the proposal right in all cases where the Board treats the issues of significance for the implementation of approved college graduate. Student representatives and employees representatives shall be elected by and among the students and the staff.
Provider shall have an administrative and professional management team that will be responsible for the daily operations of the education within the guidelines and order the Board has given. The administrative and academic management hired by the Board.
Providers of approved college graduate will be registered in the device registry.
The Ministry may give the regulation on organization, management and leadership of the College graduate, including provisions on representation in the governing bodies.
The Ministry may adopt that it can be made the exception from the law and the regulations of the law in connection with the tidsavgrensede organizational effort.

§ 4. The duties of the service offerer Offers to provide the necessary information and guidance to applicants and students, including about tuition, educational offerings, application deadlines and admission requirements.
Offers to provide regulations on the recording that contains the requirements for formal education and real expertise.
Offers to fix requirements to teacher and instructor expertise and management.
Offers to facilitate the creation of the student body to attend to students ' interests and cooperation with management.

Section 4a. Learning environment the Board of Directors has the overall responsibility for the students ' learning environment. The Board shall, in cooperation with the student body if such is created in accordance with section 4, add conditions conducive to a good study environment and work to improve student welfare at the institution.
The Board has responsibility for the learning environment of the institution, including the physical and psychological working environment, are fully justifiable from an overall assessment of the consideration of students ' health, safety and welfare. In the design of the physical work environment should, as far as is possible and reasonable, be provided a. that premises, entry ways clear, stairs, etc. are sized and decorated for the business that is operated;

b. that the premises have good light and sound conditions and proper indoor air quality and air quality;

c. that the premises are maintained and are clean and tidy;

d. that its premises are decorated so that the unfortunate physical strain for the students be avoided;

e. that the business is planned so that injuries and accidents be prevented;

f. that technical devices and equipment is provided with protective devices and are maintained so that students are protected against damage to life and health;

g. that the premises, entry ways clear, sanitary and technical devices are designed in such a way that disabled people can study at the institution;

h. that the learning environment is geared for students of both sexes;

in that the learning environment is designed on the principle of universal design.

The Ministry may give further regulations on the requirements of the learning environment.
Provider of college graduate should, as far as is possible and reasonable, adding the study situation for students with special needs. The Organization must not lead to a reduction of the academic requirements which are set by the individual course of study.
The Labour Inspectorate oversees that the requirements of the second paragraph is met. Working Environment Act Chapter 18 about supervision and coercive etc. also applies as far as appropriate. The Ministry may give further regulations on the supervision of the learning environment.

§ 5. The content of the education and diplomas to have a plan Provider for the content of the education and how this will be implemented.
Trade school diplomas're preparing about completed college graduate. KUT can provide regulations on the requirements for vitnemålets content. A student who has not completed education can ask fagskole, about the transcript that shows passed exams and tests and other reviews the student has been given.
The Ministry may give the regulation on a. a national qualification framework b. exemption for, or specific recognition of, other equal education and skills c. vocational school points as the description for the usual time d. common assessment expression by examination, trial, evaluation of the task or other review.

section 6. Final review, exam and Censorship Board should make sure that the students ' knowledge, skills and general skills are being tested and evaluated in an unbiased and professional belongings. The review will ensure the professional level by the competent education. It should be the external evaluation of the assessment or the assessment arrangements.
The Board shall appoint sensor by examination, trial, evaluation of the task, or other work when the results are included in the diploma or recognized in character for the education.
The rating should be released within three weeks unless particular reasons make it necessary to use more time. The Board itself can make exceptions for individual exams and can fix a longer time limit when it is not possible to provide the number of qualified examiners needed to get through the censorship in three weeks.
By new censorship by sections 7 and 8 are used one or more sensors as appointed by the Board. At least one sensor should be remote. Change can be done both to favor and for complaints detriment. If the final grade is determined on the basis of both written and spoken test and the grade changed after new censorship of the written part of the exam, the new oral test to the determination of the final grade.

The Board even provides regulations on the issue of and conduct of exams, tests and other work. This includes the criteria to move up to the exam or try again, conditions for access to the new practice period, provisions on oppmelding and conditions for oppmelding. The Board can give the regulation on conditions that are specific to the individual exam.

section 7. Complain of formal errors by exam A student who has been up to the examination, trial or other work as judged by character, can complain of formal errors within three weeks after the student is or should be familiar with the relationship that justifies the complaint. Such a complaint should be addressed to the trade school.
The rating decision shall be revoked if it is committed errors that may have had significance for the student achievement or grade of this. New censorship be carried out if the error can be corrected by new censorship of submitted works. In the opposite case, held new examination, trial or similar with the new sensors. Karakterfast setting by the new censorship after the paragraph here may be appealed according to the rules in section 8.
Is claim for justification for or complain of karakterfast setting set forth, running complaint deadline after the first paragraph from the student has been given the rationale or final decision of the appeal.
Trade school or appeal authority may decide that the new censorship or held new examination, trial or similar if it is committed may have formal errors that had significance for one or more students ' achievement or evaluation of this.
The Board's complaint authority for the institution's decision after the paragraph here.

section 8. The right to the ground. Complain of karakterfast setting the student has the right to get a reason for the karakterfast setting. By oral examination or evaluation of practical skills need to claim for such grounds be filed immediately after the character is supplied. If the character can be electronic and the student may require justification in a similar way, the requirement of justification be made within one week from the character being announced. By different type of announcement must claim for justification be made within one week from the student had knowledge of the grade, but still not more than three weeks from the grade were announced.
The rationale should be given within two weeks after the student has requested this. If the rationale is not can be given within two weeks, should the student be notified about this and at the same time get stated when the rationale can be expected. In the rationale should be accounted for the General principles that are added to the reason for the assessment and for assessing student achievement. The rationale can be given orally or in writing.
If it is given the written directions for judgment, should these be available to students after the grade is determined.
A student can complain in writing of the character within three weeks after the exam results are announced. New censorship should then be undertaken. By new censorship going to the sensors do not get the original character, sensors justification for this or the student's grounds for the complaint. It is put forward demands for justification or complain of formal errors, running complaint deadline after this paragraph from the student has been given the rationale or final decision of the appeal. By the use of ongoing assessment can determine whether the institution the student will make complaint after consideration of the separate trial, task, or other work as judged by character, or whether the complaint should be filed when the result from the subject, topic or subject group is announced.
Evaluation of oral performance and assessment of practice training or similar which by its nature does not verify, can not be appealed.
Karakterfast setting by the new censorship after the paragraph here may not be appealed.

§ 9. Cancellation of the exam and more. The Board may cancel the results of an examination, trial or other work as judged by character as a student has been given access to pay using a fake diploma, other false documents or any other form of fraudulent behavior. The same applies for approval of a topic that a student at a similar wrongful basis have been given access to participate in the Board can also cancel the results of an examination, trial or similar and validation of a topic if a student intentionally or grossly negligent have cheated, or intentionally tried to cheat, in connection with the exam, the test or similar, or during the execution of the subject.
The Board may revoke the exemption for or specific recognition of education and skills that a student has been using a fake diploma, other false documents or any other form of fraudulent behavior.
Decision on cancellation after the first and the second paragraph may be appealed by the student to the national appeal body for the College graduate.
The access to the annulment does not expire.
After that there is a decision on the annulment, any diplomas or transcripts are delivered back to the trade school. A final decision on cancellation after the first or second paragraph constitutes a particularly enforceable after the Enforcement Act Chapter 13.

§ 10. Suspension and expulsion a student who, despite written warning from the subject school, repeatedly acting in a way that seems grossly disturbing for medstudenters work, or for your business by subjects the school otherwise, after the decision of the Board bortvises from the subject school for up to one year. If a student in spite of written warning from the subject school does not comply with a decision on expulsion, the Board can decide to exclude the student from the education for up to one year.
The Board may adopt that a student who has created danger for life or health, or have acted grossly indecent facing, some of which the student has met in connection with the teaching or practice training, is suspended from college graduate with clinical teaching and practice studies and deprived of the right to move up to the exam in such education at school in the subjects up to three years. The same applies if a student has broken statutory confidentiality.
The Board may adopt that a student who has used a fake diplomas, other false documents or any other form of fraudulent behavior as mentioned in § 9 subsections, or who have cheated or attempted to cheat as mentioned in section 9 subsection third period, will be excluded from all education by subject school and deprived of the right to go up to the examination by the trade school in up to one year. The same applies for a student who intentionally have participated.
A resolution to expel or suspend a student can only get together with at least two-thirds majority on the Board. A student has the right to make a statement before it hit a case if a decision of expulsion and exclusion. Decision may be appealed to the national appeal body for the College graduate.

section 11. Assessment of fitness that gives the Ministry Regulation subjects the school should consider whether the individual student in the specific educations are fit for the profession. The assessment should take place throughout the education.
Diploma for completed education assumes that the student is considered fit for the profession.
The Board may adopt that a student is not fit for the profession. It made such a decision, the student is suspended from the education.
A decision that a student is not fit for an occupation and a resolution to ban a student from college graduate as a result of that the student is not fit for the profession, can only get together with at least two-thirds majority on the Board. A student has the right to make a statement before the decision in a case see each other about fitness or exclusion. Decision may be appealed to the national appeal body for the College graduate.
The Ministry may provide regulations on evaluation criteria, case management and complaint by assessment of fitness.

§ 12. Requirements for the police certificate of admission to or along the way in education where students can come into contact with minors as part of clinical teaching or practice training, it is required that the students put forward police certificate as discussed in the police register Law § 39 the first paragraph.
If it is given special rules about police certificate for certain types of professional practicing, comes to these equivalent for students who participate in practice training or clinical teaching.
A student who is convicted for the relationship which implies that the student must be considered unfit to participate in the work with specific groups of people, is suspended from the practice of training or clinical teaching. The student can only be excluded if the practice training or clinical teaching must be considered irresponsible because of the contact the student then gets with people.
The who is charged with or accused of a criminal offence relative as discussed in police registry Law § 39 the first paragraph, or in the rules on the requirements for police certificates that mentioned in the second paragraph, is suspended from the practice of training or clinical teaching to the enforceable judgment exists or the case is shelved. The student can only be excluded if the practice training or clinical teaching must be considered irresponsible because of the contact the student then gets with people.
The Board determines, after the opinion of the trade school, about the student will be denied the right to participate in clinical teaching or practice training.
Decision on exclusion under this section may be appealed to the national appellate body for the College graduate.
The Ministry may provide regulations on case management by exclusion because of Penal conditions.

section 13. Complaint mechanism and complaint bodies Subject to create a local schools appeals to process complaints of individual decisions. The Board may decide that the Appeals Board also should treat other complaints for the students and cases by sections 7, 9, 10, 11 and 12. Cases by these paragraphs cannot be processed by other bodies at the subjects the school.
The local Appeals Board shall have five members with individual deputies. The leader and Deputy member for the leader to fill the statutory requirements for team judges. The leader and Deputy member for the leader should not be employed at the trade school. Two of the members must be students.

Complaints Board is vedtaksfør when the leader or Deputy member for the leader and two other members are present.
The local Appeal Tribunal's decision in the matters about the subjects the school's individual decisions can not be appealed.
The Ministry provides regulations on a national appeal body for college graduate to process complaints on individual decisions for specific areas.
The Ministry may provide regulations on proceedings in the complaint.

section 14. The approval of foreign college graduate KUT determines upon application from individuals about education from foreign trade school or other vocational education from abroad at the corresponding level, to be given general approval, so that the education in the level and scope approved by juxtaposed with approved college graduate. The Ministry may provide regulations on proceedings and appeals access under this section.
Takes effect from the time that the King decides.

section 15. Public grants to college graduate providers of approved college graduate can search the county on public grants.
The Ministry oversees providers of college graduate who receives public grants.
The Ministry may give the regulation on closer to the rules for public grants to the College graduate, the annual report and audits.

section 16. Copayment providers of college graduate can only claim the copayment from the students to the extent it is not by the award of Government grants is provided that education should be free.
Providers of college graduate should leave the Government grants and the copayment from the students get the students to good.
The Ministry may provide regulations on providers webpage access to to take on copayment and the access of students to collect other expenses related to the studies.

§ 17. Protection of designations college graduate and professional school Designations college graduate and vocational school can only be used if the educations and providers that have approval under section 2. The only that has approval from KUT after § 2, can make use of marketing where it is given the impression to have such approval.
The Ministry may provide regulation or grasping individual decisions on the prohibition of the use of the designation or name as incorrect gives the impression of having such approval, or which is liable to be confused with a term mentioned in the first paragraph.
The Ministry may upon application give dispensation for established compound designations which are not liable to be confused with the terms mentioned in the first paragraph.
The intentional or negligent use of the terms college graduate or vocational school in conflict with the first or second paragraph, imposed by the Ministry that violation charge.
Companies that use the terms college graduate or vocational school in conflict with the first or second paragraph, imposed violation fee. This applies even if no single person has expelled intent or negligence.
The Ministry may give the regulation on issuance, size, maturity, complaint, and of the contested measure, since violation charge. Final decision on violation charge is enforceable for disbursements.

§ 18. The effective-and transition rules this law takes effect from the time the King decides. 1 from the same time repealed law 28. January 2000 No. 9 about the technical college.
Technical trade schools-driven in pursuance of law 28. January 2000 No. 9 about the technical college, can drive college graduate on the same terms as earlier for the period the Ministry determines, without having to apply for approval.
The approval of the educational offer pursuant to section 3 of the Act 14. June 1985 No.. 73 about tilskot to the private grunnskular and private skular that elaborate secondary training, applies to the period the Ministry decides.