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Law No. 268 Of 13 June 2003 On The Amendment And Completion Of The Law On Education No. 84/1995

Original Language Title:  LEGE nr. 268 din 13 iunie 2003 pentru modificarea şi completarea Legii învăţământului nr. 84/1995

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LEGE no. 268 268 of 13 June 2003 to amend and supplement Education Law no. 84/1995
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 430 430 of 19 June 2003



The Romanian Parliament adopts this law + Article I Education Law no. 84/1995 , republished in the Official Gazette of Romania, Part I, no. 606 of 10 December 1999, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 6 shall read as follows: "" Art. 6. -compulsory education is 10 classes. Compulsory attendance of education of 10 classes, form of day, ceases at the age of 18. " 2. Paragraph 2 of Article 8 shall read as follows: " (2) In each locality there are organized and functioning educational units or study formations with the Romanian language of teaching and, as the case may be, teaching in the languages of national minorities or ensuring the schooling in the mother tongue in the most close locality in which it is possible. " 3. Article 15 shall read as follows: "" Art. 15. -(1) The national education system consists of all units and educational institutions of different types, levels and forms of organization of training and education. (2) The national education system comprises state and private educational establishments and institutions. (3) The privatization of state institutions and educational establishments is prohibited. ((4) Education is organized on levels, ensuring coherence and continuity of training and education, in accordance with age and individual peculiarities. (. The national education system shall comprise the following levels: a) preschool education: small group; middle group; large group, preparatory for school; b) primary education: classes I-IV; c) secondary education, comprising: 1. lower secondary education, organized in two succeeding cycles: secondary school, grades V-VIII, and lower cycle of high school or school of arts and crafts, classes IX-X; 2. upper secondary education: upper secondary school, classes XI-XII/XIII, preceded, as the case may be, by the year of completion; d) post-secondary education; e) higher education: university education and postgraduate education. (6) The national education system also includes permanent education. (7) Pre-school, primary, secondary and post-secondary education constitute pre-university education. The lower cycle and upper secondary school are high school education. The school of arts and crafts and the year of completion constitute vocational education. (8) Lower primary and secondary education is compulsory education. (9) Pre-university education is subordinated, through school inspectorates, to the Ministry of Education and Research, and higher education is coordinated by the Ministry of Education and Research, in compliance with university autonomy. (10) The training forms of education are: day education, evening, with reduced frequency, at a distance, amalgamated and, for children with special educational needs, non-displaced, with home schooling. (11) Mandatory education is day education. Exceptionally, for people who have exceeded the age corresponding to the class by more than 2 years, compulsory education can be organized in other forms of education, according to par. (8), based on a methodology developed by the Ministry of Education and Research. (12) In the education system, pilot, experimental and application can operate. (13) In relation to the existing conditions, educational establishments in which several levels/cycles of education are organised may operate under single management. (14) Within the national education system, under the coordination and control of the Ministry of Education and Research can be established and can operate, according to the law, educational structures organized through cooperation between units and institutions in the country and from abroad, on the basis of intergovernmental agreements. " 4. Paragraph 2 of Article 17 shall read as follows: " (2) In justified situations, children from the large group, preparatory for school, and students from compulsory education, schooled in another locality, are provided, as the case may be, transport, meal and boarding services, with the support of the Ministry Education and Research, local public administration authorities, economic agents, local communities, benefit societies and other legal or natural persons. " 5. After paragraph 2 of Article 17, paragraph 3 is inserted as follows: "(3) At the request of parents and depending on existing local resources, educational establishments may organize with students, after classes, educational and learning activities under the supervision of teaching and/or auxiliary teaching staff." 6. Paragraph 1 of Article 18 shall read as follows: "" Art. 18. -(1) Pre-school education is organized for children aged 3-6/7, in kindergartens with normal, extended and weekly hours. " 7. Article 19 shall read as follows: "" Art. 19. -(1) In order to ensure continuity between pre-school and primary education, the large, preparatory group for school is generalized. (2) The local administration and the school inspectorate will ensure the human, material and financial resources, necessary for the inclusion of children aged 5-6/7 years in the large group, preparatory for school. " 8. Article 20 shall read as follows: "" Art. 20. -(1) Primary education shall be organized and operated, as a rule, with morning hours, within educational establishments with classes I-IV, I-VIII, I-X or I-XII/XIII. (2) Children who reach the age of 6 years until the start of the school year are enrolled in the first grade. (3) At the written request of the parents, guardians or legal supporters, they may be enrolled in Class I and children who reach the age of 6 years by the end of the calendar year, if their psychosomatic development is appropriate. (4) At the written request of the parents, guardians or legal supporters, the enrolment in the first class of children who reach the age of 6 until the start of the school year will be postponed by one year. (5) The Ministry of Education and Research may approve the organization of training courses in order to promote classes I-IV for persons who, for different reasons, did not graduate from primary education until the age of 14. " 9. In Chapter IV, the title of section 1 shall read as follows: "Secondary school" 10. Article 21 shall read as follows: "" Art. 21. -The secondary school is organized and operates within the educational units with classes I-VIII, V-VIII, V-X, I-X, I-XII/XIII or V-XII/XIII. " 11. Article 22 shall read as follows: "" Art. 22. -(1) The access of the graduates of the 8th grade to the ninth grade of the lower cycle of the high school or the school of arts and crafts is carried out through the selection and distribution procedure, regulated according to the methodology of the Ministry of Education and Research, which is released until the beginning of the school year. (2) The selection and distribution procedure shall be based on the results of the assessment of the competences acquired in the secondary school. Assessment of competences shall be carried out in accordance with national assessment standards 12. In Chapter IV, the title of section 2 shall read as follows: "The lower cycle of high school" 13. Article 23 shall read as follows: "" Art. 23. -(1) The lower cycle of the high school is organized and operates within the educational units with classes I-X, V-X, I-XII/XIII, V-XII/XIII or IX-XII/XIII. (2) The network of state high schools is approved by the Ministry of Education and Research, at the proposal of school inspectorates, in consultation with other stakeholders and as a result of the institutional evaluation carried out by the National Evaluation Commission Institutional. The network, the number of places and classes are approved annually, depending on local and national requirements, and are released 6 months before the start of the school year. (3) Seral high school education, with reduced frequency and distance, can operate, under the law, in educational establishments established by school inspectorates. (4) Graduates of the lower school cycle acquire a certificate of graduation, personal portfolio for permanent education and, upon request, the matrix sheet. " 14. Paragraph 3 of Article 24 shall read as follows: "(3) The duration of studies in high school education can be, as the case may be, 4 or 5 years and is established by the Ministry of Education and Research." 15. After Article 24, the following section 2 ^ 1 is inserted with the following title: "High School High School" 16. Article 25 shall read as follows: "" Art. 25. -(1) The transition from the lower cycle to the upper cycle of the high school is regulated by the methodology of the Ministry of Education and Research, which is released at the beginning of the school year preceding (2) The upper cycle of the high school is organized and operates within the educational units with classes I-XII/XIII, V-XII/XIII or IX-XII/XIII. (3) The registration in the upper cycle of the high school, day courses, can be done in the first 2 years after the completion of the lower cycle, respectively of the completion year, if at the beginning of the school year the student has not exceeded the age of 18. (4) The upper cycle of the high school, the seral forms, with reduced frequency and at a distance, can operate, under the law, in educational establishments established by the school inspectorates. (5) The higher school cycle operates with the films, profiles and specializations established by order of the Minister of Education and Research, in relation to the dynamics of professions, trades and occupations on the labor market. (6) Depending on the branch, profile and specialization, the duration of the studies within the upper cycle of the high school is 2 or 3 years and is established by the Ministry of Education and Research. " 17. Article 26 shall read as follows: "" Art. 26. -(1) The completion of the high school studies is attested by a certificate of graduation, which confers the right of access, under the law, in post-secondary education, the right to support the national baccalaureate exam, respectively the exam of certification/attestation of professional skills. (2) The graduates of the high school cycle also acquire the personal portfolio for permanent education and, on request, the matrix sheet. (3) The graduates of the high school cycle who support and promote the national baccalaureate exam also acquire the baccalaureate diploma, which gives them the right of access to higher education, under the law. (4) The national baccalaureate exam consists in the support of two and three common samples and three differentiated samples depending on the branch and profile. A. The common samples are: a) Romanian language and literature, written and oral; b) one of the modern languages of international circulation studied in high school; c) mother tongue, written and oral, for students who have attended high school studies in a language of national minorities; language and literature in an international language, for students who have attended high school studies with language teaching in the language of that international circulation. B. The differentiated exam tests according to the branch, profile, specialization and the student's option are: Theoretical branch: a) Humanist profile: 1. history or geography; 2. a test of choice in the curricular area, corresponding to the specialization; 3. a sample of the choice between the disciplines in the other curricular areas, other than those previously supported. b) Real profile: 1. mathematics; 2. a test of choice in the curricular area, corresponding to the specialization; 3. a sample of the choice between the disciplines in the other curricular areas, other than those previously supported. Technology branch: a) mathematics, for all profiles and specializations; b) a test of choice in the curriculum area "technologies", depending on the specialization chosen by the student; c) a sample of the choice between the disciplines in the other curricular areas, other than those previously chosen. Vocational branch: a) history or geography or a socioumana discipline, namely mathematics or sciences, depending on the profile; b) a sample of choice from the curricular areas specific to the profile and specialization; the curricular areas are agreed by the Ministry of Education and Research and the ministries concerned; c) a sample of the choice between the disciplines in the other curricular areas, other than those previously chosen. (5) For certain branches, profiles, respectively specializations, established by the Ministry of Education and Research, graduates of the high school cycle can take a certification examination or, as the case may be, of attestation of professional competences, separately of the baccalaureate exam, under the law. (6) Graduates of the high school of high school who support and promote the certification/attestation examination of professional skills acquire professional qualification certificate level 3, respectively attested by professional skills. (7) The list of exam tests, the content of the exam programs and the organization and conduct of the baccalaureate exam and the certification examination, respectively of professional competence attestation, shall be established by methodologies developed and approved by the Ministry of Education and Research and is released until the start of the school year preceding the exams. (8) When drawing up the list of exam tests and the establishment of the content of the baccalaureate programs, higher education institutions can also be consulted. (9) In case of interruption of studies, each school year promoted shall be recognized. On request, a certification document of the studies carried out and the personal portfolio for permanent education, completed up to date, shall be issued. " 18. paragraphs 5 and 6 of Article 27 shall read as follows: " (5) Candidates from state education can take the baccalaureate exam and the certification exam, respectively attestation of professional skills, without charge, no more than twice. Subsequent presentations to these exams are subject to the payment of fees established by the Ministry of Education and Research. (6) The national baccalaureate exam is considered promoted if all the samples were promoted. In case of non-promotion of the national baccalaureate exam, the promoted samples are recognized, upon request, in subsequent sessions. " 19. Article 28 shall read as follows: "" Art. 28. -(1) Following the promotion of the baccalaureate exam, the graduate is issued the baccalaureate diploma. The issuance of the professional qualification certificate and the attestation of professional skills, respectively, is not subject to the promotion of the baccalaureate exam. (2) Graduates who have promoted all classes from the IX-XII/XIII range with general averages of at least 9,50, and at the baccalaureate exam obtained the average 10 receive the merit diploma. " 20. In Chapter IV, the title of section 3 shall read as follows: "Education in arts and crafts schools" 21. Article 29 shall read as follows: "" Art. 29. -(1) In arts and crafts schools, education is organized for professionalization, in order to qualify level 1 on occupational fields. ((2) Arts and crafts schools may operate independently or within educational establishments with classes I-X, I-XII/XIII, V-X, V-XII/XIII or IX-XII/XIII. " 22 paragraphs 1 and 2 of Article 30 shall read as follows: "" Art. 30. -(1) The state network of arts and crafts schools is organized by the Ministry of Education and Research, in consultation with stakeholders. (2) The state network of arts and crafts schools, the trades and qualifications for which they are schooled and the number of related places are released 6 months before the start of the school year. " 23. Article 31 shall be repealed. 24. Article 32 shall read as follows: "" Art. 32. -(1) Educational establishments may organize, at the request of interested parties, on a contract basis, qualification and professional conversion courses, in compliance with occupational standards, as well as other educational services. (2) Economic agents who provide, as the case may be, on the basis of contract with educational establishments, tuition scholarships, internships of students ' practical training, endowment of training spaces, employment for graduates can benefit from facilities tax, according to a methodology approved by Government decision. " 25. Article 33 shall be repealed. 26. Article 34 shall read as follows: "" Art. 34. -(1) Graduates of arts and crafts schools acquire graduation certificate and personal portfolio for permanent education and, upon request, the matrix sheet. (2) Graduates who support and promote the professional skills certification exam acquire and certificate of professional qualification level 1. (3) The certification system of the qualification level and the professional skills acquired in the pre-university education shall be organized on the basis of the common regulations of the Ministry of Education and Research and the Ministry of Labour Social Solidarity. " 27. Article 35 shall read as follows: "" Art. 35. -The organization of education in arts and crafts schools and the professional skills certification exam shall be regulated by the Ministry of Education and Research through specific methodologies. " 28. After Article 35, the following section 4 is inserted: "" Year of completion " 29. Article 36 shall read as follows: "" Art. 36. -(1) Graduates of arts and crafts schools with graduation certificate and with certificate of professional qualification level 1 are entitled to further study in higher secondary education, under the conditions of this law. (2) In order to have access to the upper cycle of the high school, the graduates provided in par. (1) must follow and graduate, under the law, the year of completion. (3) Graduates of the year of completion acquire graduation certificate, personal portfolio for permanent education and, on request, the matrix sheet. (4) Graduates of the year of completion who support and promote the professional skills certification examination acquire and certificate of professional qualification level 2. (5) Graduates of the year of completion with certificate of professional qualification level 2 and certificate of graduation can continue the studies in the upper cycle of the high school, according to a methodology developed by the Ministry of Education and Research and data advertising one year before the beginning of the school year. (6) The network of state educational establishments that schooled students in the year of completion is organized by the Ministry of Education and Research, in consultation with stakeholders. (7) The network of state educational establishments that school students in the year of completion, the trades and qualifications for which they are schooled and the number of related places are released 6 months before the start of the school year. ((8) The organization of education in the year of completion and the certification examination of professional skills shall be regulated by the Ministry of Education and Research, through specific methodologies. " 30 30. The letter b) of Article 38 shall read as follows: "b) students may be enrolled only on the basis of testing specific skills;" 31 31. e) of Article 38 shall be repealed. 32. Article 39 shall read as follows: "" Art. 39. -Graduates of art education and sports education benefit from the rights provided in art. 23 23 para. ((4) and in art. 26 26 para. ((1), (2), (3), (5), (6) and (9). ' 33. Paragraph 1 of Article 40 shall read as follows: "" Art. 40. -(1) For sports and performance art activity, the Ministry of Education and Research can organize school clubs and pre-university educational establishments with sports or art program, integrated or additional. " 34. The title of Chapter VI shall read as follows: " Education for children and young people with special educational requirements " 35. Paragraph 3 of Article 41 shall read as follows: "(3) Primary primary and lower secondary education shall be compulsory and shall have a duration, as appropriate, of 10 or 11 years." 36. Article 105 shall read as follows: "" Art. 105. -(1) Pre-university private education is organized and operated with the same levels and in the same types of educational establishments as state pre-university education. (2) Kindergartens, primary and secondary schools, as well as arts and crafts schools can be established with the authorization of the school inspectorate, based on the evaluation documentation. ((3) High schools, including those comprising the year of completion, as well as post-secondary schools can be established with the opinion of the school inspectorate and with the approval of the Ministry of Education and Research, based on the evaluation documentation. " 37. Paragraph 2 of Article 107 shall read as follows: "(2) The accreditation of pre-university education units with a reliable authorization must be requested after the completion of four promotions." 38. Paragraph 3 of Article 110 shall read as follows: "(3) In secondary private education, at least 40% of the number of teaching staff must be subject to the basic norm in that establishment." 39. Article 122 shall read as follows: "" Art. 122. -In state education in arts and crafts schools and the year of completion, as well as in specialized high school and post-secondary education, in which, on request and under the law, teaching is done in the mother tongue in the specialized disciplines, it is mandatory to acquire specialized terminology in Romanian. " 40. The introductory part and letter d) of Article 142 shall read as follows: "" Art. 142. -School inspectorates are specialized decentralized organs, subordinated to the Ministry of Education and Research, mainly having the following duties: ............................................................... d) establish, with the opinion of the Ministry of Education and Research, school units of state education: kindergartens, primary schools, gymnasiums, arts and crafts schools; " 41. Paragraph 7 of Article 145 shall read as follows: " (7) Directors and deputy directors of units in pre-school, primary, secondary and arts and crafts schools, as well as assistant principals in high school and post-secondary education are appointed by the general school inspector, according to the law. " 42 42. The letters d) and e) of paragraph 2 of Article 151 shall read as follows: " d) master-instructors-in secondary and post-secondary education; e) teachers-in primary, secondary and post-secondary education; " 43 43. The letter d) of paragraph 1 of Article 158 shall read as follows: "d) the class in the school of arts and crafts, the year of completion and high school education, as well as the year of study in post-secondary education has an average of 25 students, but not less than 15 and not more than 30." 44. paragraphs 2 and 3 of Article 180 shall read as follows: " (2) The parent, legal guardian established or legal supporter is obliged to take measures to ensure the school frequency of the student in compulsory education. Failure to comply with this provision at fault of the parent, legal guardian established or legal supporter constitutes contravention and is sanctioned with a fine of between 500,000 lei and 2,000,000 lei. (3) The finding of the contravention and the application of the fine shall be made by the authorities designated by the Ministry of Education and Research and the Ministry of Interior, through a common methodology. " 45. Article 189 shall be repealed. + Article II Education Law no. 84/1995 , republished in the Official Gazette of Romania, Part I, no. 606 of December 10, 1999, with subsequent amendments and completions, including those brought by this law, will be republished, giving the texts a new numbering. This law was adopted by the Chamber of Deputies at its meeting on May 26, 2003, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU This law was adopted by the Senate at the meeting of May 29, 2003, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, June 13, 2003. No. 268. ----------------