MINELRES - Minority related national legislation - Latvia

Republic of Latvia

Education Law

Adopted: 29 October 1998

CHAPTER I

GENERAL PROVISIONS

Article 1. Terms used in the Law

The following terms are used in the Law:

1) Academic education - studies of theoretical basis of sciences and their result.

2) Higher education - a stage of education in which learning and development of a personality towards purposefully chosen academic and/or vocational study field, as well preparation for professional activities and involvement into the social life occur.

3) Extra-curricular education [the Latvian law uses a new term -Education in sphere of interests] - fulfilment of a person's individual educational needs and wishes regardless of the person's age and prior education.

4) education - a process of acquiring systematic knowledge and skills and formation of attitudes, and its results. The educational process involves learning and schooling. Result of education is a sum of the person's knowledge, skills and attitudes.

5) education supporting institution - an institution founded by state, municipal institutions or legal entities and natural persons which provides pedagogues, persons to be educated, their parents and educational institutions with methodological, psychological, scientific, informative and other type of intellectual support.

6) a certificate of education - a document certifying complete or partial acquiring of education by a person in accordance with a particular stage, type of education and education program.

7) education institution - an institution founded by the state or a munisipality, other legal entities or natural persons for implementation of education programs, a company (enterprise) whose one sphere of occupation is implementation of education programs .

8) stage of education - completed educational period which includes acquiring of organized and sequentially implemented education.

9) education administrating institution - a state or municipal institution which carries out administration of education.

10) accreditation of education program - providing an educational institution with the right to issue a certificate of education recognised by the state about acquiring of education corresponding with an appropriate education program. During accreditation, evaluation of implementation quality of the particular education program takes place.

11) licensing of education program - granting right to an educational institution to implement an appropriate education program.

12) person to be educated - a pupil, student, a trainee who acquire an education program at an education institution, or do it in co-operation with a private tutor.

13) program of a subject or a course - a constituent part of education program which includes tasks and objectives, a content, a plan, evaluation criteria of the subject or a course, and procedure, as well as a list of necessary methods and resources for fulfilment of the program.

14) standard of a subject or a course - a constituent part of state standard for education which determines tasks and objectives of a subject or a course, an obligatory content of a subject or a course, ways and procedure of evaluation of education achievements.

15 ) primary education - stage of education in which preparation for the secondary education or professional activities, acquiring of basic knowledge and basic skills necessary for a person's individual life, formation of values and involvement into social life occur.

16) Self - education - education acquired outside an education institution.

17) education for adults- a multisided educational process of a person which provides personality development and competitiveness in labour market during the lifetime.

18) pre-school education - a stage of education in which formation of multi-sided child personality, strengthening of health, preparation for acquiring of primary education.

19) private education establishment - an institution, enterprise (company) founded by a natural person or a legal entity , except for the state and municipalities, as well as enterpise (company) in which the state or a municipality holds a share, which implements one or several education programs.

20) vocational education - practical and theoretical training for activities in a particular profession, for acquiring and improving of professional qualification.

21) professional qualification - evaluation of professional skills and education acquired for a certain profession certified by a document.

22) further education-continuation of priory acquired education and improvement of professional skills correspondingly with requirements of a particular profession.

23) professional guidance - act of providing information about possibilities to acquire vocational education and higher education in accordance with skills and interests of a person to be educated.

24) document about professional qualification - a document which certifies a person's professional qualification, and gives him/her right to apply for a certain position corresponding with particular professional qualifications, or receive a certificate for private practice.

25) special education -general and vocational education modified to suit persons with special needs and health disturbances, or also with special needs or health disturbances.

26) distance education - a type of correspondence education which is characterised by particularly structured teaching materials, speed of individual teaching, particularly organised evaluation of education achievements, as well as use of various technical and electronic communication means.

27) state standard of education - a document which correspondingly with education stage, type, determines main objectives and tasks of education programs, obligatory basic content of education, basic criteria and general procedure for evaluating of acquired education.

28) secondary education - a stage of education in which multi-sided development of personality, purposeful and extended growth in consciously chosen general or vocational education direction or also general and vocational education direction, preparation for studies at higher education stage or professional activities, involvement into social life occur.

29) general education - cognition of many-sidedness and unity of human being, nature and society, development process of humanistic, free and responsible personality and its results.

Article 2. Objective of the Law

The objective of this law is to provide every resident of Latvia with possibilities to develop his/her mental and physical potential for the formation of independent and developed personality, conscientious and responsible member of the society and the democratic state of Latvia. According to the age and needs of the person to be educated, provide him/her with opportunities:

1) to acquire knowledge and skills in spheres of humanities, social, natural and technical sciences;
2) to acquire knowledge, skills and experience of attitudes to participate in social and public life.
3) for moral, ethic, intellectual and physical development by promoting formation of a knowledgeable, skilful and educated personality.

Article 3. Right to Education

Every citizen of Latvia and a person who is entitled to the alien's passport issued by the Republic of Latvia, a person who has received a permanent residence permit, as well as citizens of European Union countries who have received temporary residence permits as well as their children shall be equally entitled to acquire education irrespective of his/her social or financial status, race, nationality, sex, membership in religious and political organisations, status of health, occupation and the place of residence.

Article 4. Mandatory education

Preparation of children of age five and six for primary education, and primary education or continuation of acquiring primary education until reaching the age of 18 shall be mandatory.

Article 5. Stages of Education

(1) Following stages of education are set:

1) pre-school education;
2) primary education;
3) secondary education;
4) higher education.

(2) Person to be educated shall be entitled to acquire education at the every next stage by moving sequentially from one stage to another.

Article 6. Types of Education

There are following basic types of education:

1) general education;
2) vocational education;
3) academic education.

Article 7. Target groups of education

Target groups of education are totality of persons with similar, set needs, interests and abilities who wish to be educated or for whom acquiring of mandatory education is set by the law. The main target groups of education consist of :

1) pre-school age children;
2) children and youth of age of mandatory education;
3) persons with special needs;
4) adults.

Article 8. Ways of acquiring education

(1) There are following ways of acquiring education:

1) regular;
2) correspondence education, subcategory of the correspondence education is distance education;
3) self-education;
4) education in family;

(2) An educational institution has rights to implement education program in a regular way or through correspondence.

(3) A person to be educated may acquire content of an education program in a self-educational way. Evaluation of acquiring of education program in such a way can be received after taking exams at an education institution which implements appropriate program.

Article 9. Language of acquiring of education

(1) At state and municipal education institutions education shall be acquired in the state language.

(2) Education may be acquired in another language:

1) at private education institutions;
2) at state or municipal education institutions which implement education programs of national minorities. The Ministry of Education and Science shall determine the subjects of these programs which have to be taught in the state language;
3) at education institutions prescribed by special laws.

(3) Every person to be educated, in order to acquire primary or secondary education, shall master the state language and take examinations of the state language to the extent and in accordance with a procedure set by the Ministry of Education and Science.

(4) Examinations for professional qualification shall be taken in the state language.

(5)Papers necessary for qualifying for an academic degree (Bachelor's or Master's degree) and a scientific degree (Ph.D.) shall be written and presented in the state language, except for cases provided for by other laws.

(6) Raising of professional qualification and changing of a profession which is financed from the state or a municipal budget, shall be in the state language.

Article 10. Education and Religion

(1) The educational system provides freedom of conscience. Pupils may choose to acquire religious studies and/or ethics.

(2) Relations between education establishments and religious organisations are regulated by the Law on Religious Organisations.

Article 11. Certificates of Education

(1) Persons to be educated may be issued a document about the acquiring of a certain stage of education(except for pre-school education) and type of education: certificate, a graduation certificate, or a diploma of education.

(2) Persons who have acquired education corresponding to an accredited education program, are issued a state recognised document of education.

(3) An education establishment may issue a document which certifies a partial acquiring of education program.

Article 12. Tuition Fee

(1) A fee for pre-school education, primary and secondary education at an education institution founded by the state or a municipality shall be covered by the State or municipal budget according to the procedure set by the Cabinet of Ministers. A private educational establishment may set the tuition fee.

(2) For programs of higher education, the tuition fee for a certain number of students corresponding with the number of students requested by the state shall be covered by the state; tuition fee for other students shall be set by education institution.

(3) For higher education a student may take a state loan. The loan may be repaid according to procedure set by the Cabinet of Ministers.

(4) A foreign citizen and a stateless person shall pay a tuition fee in accordance with the agreement concluded with the particular educational institution.

(5) For citizens of European Union countries and their children who acquire education in Latvia, tuition fee is determined and paid according to the same procedure as for citizens and permanent residents of the Republic of Latvia.

Article 13. International co-operation in education

(1) International agreements shall determine co-operation between the Republic of Latvia and other countries and international organisations in the sphere of education.

(2) Education institution has right to co-operate with education institutions of foreign countries and international organisations.

CHAPTER II
ORGANISATION OF EDUCATION

Article 14. Competence in education of the Cabinet of Ministers

The Cabinet of Ministers shall

1) establish forms of graduation certificates recognised by the state and the procedure and criteria for issuing them;
2) establish the procedure for recognition of education certificates issued by a foreign country in accordance with the standards of the education certificates issued by the Republic of Latvia;
3) establish a procedure according to which the state or a municipality may finance private institutions of pre-school, primary , secondary and higher education;
4) establish the procedure of taking loans for the higher educational studies and re-paying them.
5) establish the procedure of registering children who have reached the age of mandatory education;
6) confirm the Satversmes (constitution) of higher educational institutions (except for universities);
7) establish, re-organise and close state educational institutions at the proposal of the Minister of Education and Science or other Minister.
8) establish the procedure for registering and accreditation of educational institutions;
9) establish procedure for certification of heads of primary and secondary educational institutions founded by the state or a municipality;
10) establish regulations and procedure for accreditation of institutions of higher education;
11) establish procedure for licensing and accrediting of educational programs implemented by an educational institution;
12) confirm a list of pedagogical professions and positions.
13) confirm requirements for necessary education and professional qualification of teachers corresponding with pedagogical professions;
14) establish a procedure for certification of pedagogues;
15) establish a procedure according to which the state finances supply, approbation and purchase of teaching materials;
16) establish amount of salaries and the procedure of payment;
17) establish a procedure for financing special educational institutions and special educational groups at general educational institutions.
18) once in four years prepare and submit to the Saeima for approval education development program for next four years;
19) establish state standards in education;
20) establsih a minimum of financing and material provision for education institution;
21) establsih a procedure for providing persons to be educated with prophilactic health care and immediate first aid at education institutions;
22) establsih pedagogue's work load.

Article 15. Competence in education of the Ministry of Education and Science

(1) The Ministry of Education and Science shall:

1) implement the unified State policy in education and the strategy for development of education;
2) draft normative acts in education;
3) create and update registers of educational institutions and educational programs as well as the register of pedagogues;
4) carry out licensing of educational institutions;
5) carry out accreditation of education programs and higher education institutions according to procedure set by the Cabinet of Ministers;
6) organise educational and professional improvement of pedagogical work, co-ordinate research-methodological work;
7) prepare state standards of education;
8) draft proposals and submit a request for the financing of education, science, sports and the youth affairs by the state budget in accordance with the set procedure;
9) control legal utilisation of finances allotted for education from the state budget in education institutions under its supervision;
10) co- co-operation of state education institutions in education with foreign countries and international institutions;
11) prepare samples of educational programs, subject or course programs in accordance with the requirements of the state standards for education;
12) organise the preparation of standard statutes for educational institutions, institutions of educational support;
13) organise the state order for writing and publishing of readers and teaching materials corresponding with basic educational programs;
14) establish and co-ordinate the procedure for acquiring of pedagogical education and professional improvement;
15) organise the ordinate state's evaluation of professional qualification of teachers and directors of educational institutions;
16) establish the procedure for state examinations of the accredited educational programs;
17) organise work on the content of text books corresponding with the educational standards;
18) control the results of the study process of state financed educational institutions, prepare and implement the undertakings for improvement of the study process quality;
19) establish, maintain, and supervise state institutions of educational support;
20) implement state policy in education;
21) confirm the samples of educational programs corresponding with the requirements of the state standards in education;
22) confirm the classification of registers of educational institutions, educational programs and the register of pedagogues;
23) submit to the Cabinet of Ministers the proposals concerning the establishment, re-organisation and liquidation of education institutions and state institutions of educational support by co-ordinating it with the corresponding municipalities;
24) confirm the statutes of education institutions and institutions of education support founded by the state;
25) employ and dismiss directors of education institutions which are under supervision of the Ministry of Education and Science (except for higher education institutions), as well as co-ordinate employment and dismissal of directors of municipal administrative institutions of education;
26) propose dismissal of a directors of municipal education institutions.

Article 18. The Competence in education of other ministries [ministries of other branches]

Other ministries [ministries of other branches] shall:

1) after co-ordination with the Ministry of Education and Science, submit to the Cabinet of Ministers proposals concerning the establishment, re-organisation and liquidation of an educational institution;
2) set the content of specialised subjects, prepare the programs and standards of a specialised subjects or courses;
3) prepare and confirm the standard of the programs for the vocational education, and control their implementation in the educational institutions under their supervision;
4) ensure the work of the educational institutions under their supervision;
5) monitor the financial and economic management of the educational institutions under their supervision;
6) in agreement with the Ministry of Education and Science establish the procedure of state examinations for the accredited educational programs.

Article 19. The Competence in education of municipalities

(1) Every municipality has an obligation to provide children residing on its administrative territory with a possibility to acquire pre-school, primary education at education institution which is closest to place of residence, and to provide youth with a possibility to acquire secondary education as well as to provide possibilities to implement education in sphere of interests, and to support extra-curricular activities, including camps for children.

(2) In order to provide children residing on its administrative territory with a possibility to attend an education institution upon one's free choice, the municipality, according to the procedure set by the Cabinet of Ministers, shall sign a contract with those municipalities which supervise education institutions attended by the aforementioned children and participate in covering expenses related with maintenance of education institutions.

(3) Municipality of a region shall:

1) in agreement with the Ministry of Education and Science establish, re-organise and close the boarding schools, the specialised schools and groups for children with special needs, institutions of vocational education, institutions for education in the sphere of interests, except the private educational institutions and institutions of national importance. Educational institutions founded by the regional municipality shall be under the supervision of that particular municipality.
2) employ and dismiss the heads of the educational institutions which are under its supervision, after co-ordination with the Ministry of Education and Science;
3) finance the educational institutions which are under its supervision to the extent no less than set by the Cabinet of Ministers, and supervise management of the financial resources;
4) guarantee the transferring of financial means allotted for the pedagogues' salaries from the State budget into the accounts of the educational institutions and the institutions of educational support under its supervision;
5) provide with catering in the specialised educational institutions and the boarding-schools according to the procedure and in amount set by the Cabinet of Ministers;
6) provide students with prophylactic medical care, first medical aid at the educational institutions under its supervision according to the procedure and in amount set by the Cabinet of Ministers;
7) provide students with the professional guidance;
8) organise the education for adults;
9) organisationally assist the educational institutions located on its administrative territory with the provision of teaching and methodological literature, and other teaching materials;
10) organise the improvement of professional qualifications of pedagogues and co-ordinate and provide the methodological work;
11) co-ordinate registration of children who have reached the age of mandatory education, according to the procedure set by the Cabinet of Ministers;
12) establish and maintain the data base (information base)
13) state the number of students of higher education whose tuition is paid by the municipality budget.

(4) Local municipality shall:

1) in agreement with the Ministry of Education and Science establish, re-organise and close the pre-schools, primary and elementary schools and secondary schools. Educational institutions founded by the district municipality and city councils shall be under the supervision of that particular municipality.
2) provide children residing on its administrative territory who have reached the age of mandatory education, with an opportunity to attend the pre-schools, primary schools, and secondary schools.
3) employ and dismiss the heads of the educational institutions under its supervision, after the co-ordination with the Ministry of Education and Science;
4) establish the procedure for the financing of educational institutions under its supervision by the municipality budget; in accordance with contracts, participate in the financing of the state educational institutions, educational institutions of other municipalities and the private educational institutions; divide and allocate the financial means from the municipality budget for the educational institutions and supervise their rational management.
5) maintain the pre-schools, primary, elementary and secondary schools and other educational institutions under its supervision, considering that their financial provision should be no less than amount set by the Cabinet of Ministers;
6) guarantee the transferring of funds allotted from the State budget for the pedagogues salaries and the State subsidies into the accounts of the educational institutions under its supervision.
7) provide the financing of the technical staff of the educational institutions under its supervision.
8) provide students with the prophylactic medical care, first medical aid, according to the procedure set by the Cabinet of Ministers and determine those students whose catering will be paid by the municipality.
9) provide the transportation to and from schools, if it is impossible to use the public transportation.
10) provide the children rights protection in the education sphere.
11) provide families with the consultative assistance in child care;
12) promote the education in the sphere of interests and the professional guidance and issue licences for the implementation of the educational programs in the sphere of interests;
13) register the children who have reached the age of mandatory education in accordance with the procedure set by the Cabinet of Ministers.

5) The Municipalities of the cities implement the functions of municipalities set by Article 20 Paragraph 3 and Paragraph 4.

Article 20. Municipal Board of Education

(1) Municipal board of Education is established by a regional and city municipality to carry out its competence in education.

(2) The head ofeducation board should have experience in education or in administration of education.

(3) The municipal board of education shall be financed by a municipality.

(4) The education board shall operate in accordance with the Statutes approved by the particular municipality.

Article 21. Education Supporting Institution

(1) Education supporting institution of is an institution founded by the state, a municipality and other legal entity and natural person whose goal is to provide persons to be educated, pedagogues, parents and educational institutions with methodological, scientific, informative and other type of intellectual assistance.

(2) Educational support may be carried out also by such legal entities which in their statutes have included educational support as one of activities.

(3) State Inspectorate of Education shall:

1) control correspondence of education process with normative acts at any education institution and enterprise (company) which implements education programs regardless of its subordination, and provide implementation of state and public interests there;
2) analyse activities of education institutions and prepare proposals for amendments to normative acts and improvement work of educational institutions.;
3) propose employers to disciplinary punish or terminate employment contracts with director of education institution or a pedagogue in cases when a violation of law or other normative acts is stated;
4) according to procedure and in cases set by law administratively punish (fine) persons;
5) for a period of time while a founder of education has not considered an issue and passed a resolution, suspend resolutions of officials and dismiss them in cases when there are threats to health and life of persons to be educated, as well as in other cases of law violation.

Article 21. Public participation in education

(1) Society participates in organization and development of education by popularizing all types of education, by educating and promoting improvement of education quality, by forming educational programs, protecting rights and interests of persons to be educated and pedagogues in education acquiring process and work process, by establsishing educational and education supporting institutions and public organizations.

(2) State and municipal education administrating institutions provide information, consultations and methodological assistance necessary for fulfillment of tasks mentioned in the paragraph 1.

(3) State and municipalities may delegate particular education adminstration and support functions to public organizations according to procedure set by law by providing them with appropriate financing.

CHAPTER III
EDUCATION INSTITUTIONS

Article 23. Legal Basis for operation of education institutions

(1) State, municipal or private education institutions, except for enterprises (companies) institutions of higher education, operate on the basis of this Law and other laws and normative acts, as well as statutes of particular educational institution approved by the founder of an educational institution.

(2) State, municipal or private enterprises (companies) except for institutions of higher education, carry out educational activities based on this Law and other laws and normative acts and statutes about educational activities approved by a founder of an institution.

(3) Higher educational institutions operate on basis of this Law, Law on Higher Education, other laws and normative acts and the Satversme of a particular institution. The Satversmes (constitutions) of universities shall be approved by the Saeima, the constitutions of other higher educational institutions shall be approved by the Cabinet of Ministers.

Article 24. Procedure of establishment, reorganisation and liquidation of education institutions

(1) The state educational institutions shall be established, reorganised, and liquidate by the Cabinet of Ministers upon the proposal of the Minister of Education and Science or other minister.

(2) The municipal educational institutions shall be established, reorganised and liquidate by the municipalities, in agreement with the Ministry of Education or other ministry.

(3) The private educational institutions shall be established, reorganised and liquidate by other legal entities or natural persons, except for the state and a municipality. State and municipality may particiapte in establishment of private enterprises (companies).

(4) A legal entity of a foreign country may establish, re-organize, and liquidate an educational institution in accordance with this Law as well as international agreements.

Article 25. Register of education Institutions and documents needed for registration

(1) Every educational institution shall be registered into Register of educational institutions within a month from the date of its establishing. The Register of Educational Institutions shall be created by the Ministry of Education and Science.

(2) Registration of educational institutions is provided by a founder of educational institution. Application for registration of an educational institution shall be submitted by an authorized person of the founder and it shall include the following information:

1) name of educational institution and its legal address;
2) founder of educational institution, legal status;
3) resolution on establishment of educational institution;
4) office space of educational institution and its technical equipment;
5) sources and procedure of financing;

(3) Statutes of educational institution approved by a founder of educational institution shall be attached to application for registration of educational institution.

(4) Within a month after submitting documents listed in paragraphs 2 and 3 of this Article, educational institution is entered into the register and a registration certificate is issued.

(5) Resolution on reorganization or liquidation of an educational system shall be announced to the Register of educational institutions in 10 days.

(6) Everybody shall have access to information included into the Register of Educational Institutions.

Article 26. Starting of operation of education institution

(1) Education institution starts its operation on a day of its registration.

(2) Education institution shall have the right to enrol students only after receiving of a licence for implementation of an education program.

Article 27. Name of Education Institution

(1) Name of an education institution and name of a structural unit of an education institution shall correspond with the names of stages and types of education set by this law.

(2) Upon agreement with the Ministry of Education and Science, education institutions shall be entitled to use other names corresponding with their historical traditions which do not contradict with this law, and other laws and normative acts.

Article 28. Accreditation of Education Institutions

Education institutions, except for those which implement programs of interest education and education for adults, are accredited according to a procedure set by the Cabinet of Ministers. Accreditation shall be carried out within 5 years from a day of starting of operation of an education institution.

Article 29. Independence of the Educational Institutions

The educational institution shall be independent in preparation and implementation of education programs, selection of staff, in financial, economic and other operations which are performed, according to this Law, other laws and normative acts and regulations or a constitution of an education institution.

Article 30. Competence of a Founder of Education Institution

Founder of an education institution provides financial and material means necessary for continuous operations of education institution, in accordance with regulations of the Cabinet of Ministers on financial and material provision of education institutions.

Article 30. Head of an Education Institution

(1) Head of an education institution shall be responsible for operation of education institution and its results, observance of this law and other normative acts regulating operation of an education institution, as well as rational utilisation of intellectual, financial and economic means.

(2) Within limits of his/her authority, head of education institution shall independently decide on utilisation of intellectual, financial, economic means and determine salaries of the staff for amount no less than the one set by the Cabinet of Ministers.

(3) Head of an education institution has oblisgation to provide establishment of a self-government of the institution, if it is requested by students, pedagogues and parents of students.

(4) A person with adequate education and necessary professional qualifications has right to hold the post of the head of education institution. Head of the state and municipal primary and secondary schools shall pass a certification in accordance with a procedure set by the Cabinet of Ministers.

Article 31. Self-Government of an Education Institution

(1) Self-government of an education institution may be formed as a collegiate institution which operates in accordance with regulations of a self-government.

(2) Representatives of a founder, students, their parents and the staff shall participate in work of a self-government of primary and secondary education institutions.

(3) Self-government of the primary and secondary schools shall:

1) prepare proposals for development of an education institution;
2) provide co-operation between an education institution and parents of students;
3) submit to a head of an education institution proposals about work organisation of the institution, distribution of budget, implementation of education programs;

(4) Operation of self-governments at higher educational institutions is determined by the Law on Higher Educational Institutions, and other laws.

CHAPTER IV
STANDARDS AND PROGRAMS OF EDUCATION

Article. 32 State Standards of Education

(1) A state standard of education is a document which according to a stage, type and a target group of education, shall determine:

1) strategic objectives and main tasks of education programs;
2) obligatory content of education
3) basic principles and procedure of evaluation of acquired education.

(2) It is mandatory for every legal entity and natural person who prepares and implements a particular education program to observe the state standard of education.

Article 33. Education Programs

(1) An education program is a document regulating educational activities of an institution, which in accordance with a stage and type of education, a target group, a state standard of education, and the Cabinet of Ministers regulations, shall determine:

1) objectives, tasks and planned results of an education program;
2) requirements of previously acquired education of a student;
3) content of education as a sum of contents of subjects and courses.
4) plan for implementation of education program;
5) evaluation and substantiation staff, financial and economic means necessary for implementation of an education program in accordance with norms of the Cabinet of Ministers.

(2) In accordance with a state standard of education and norms, education programs shall be prepared by an education institution in agreement with a founder of an institution.

(3) Each education program shall be accredited within two years from the date of starting of its implementation and no less than once in 6 years in accordance with a procedure set by the Cabinet of Ministers.

Article 34. Programs of study subjects and courses

(1) Pedagogues implementing programs corresponding with an education program shall be entitled to prepare and chose programs of study subjects and courses.

(2) The programs of study subjects and courses shall be approved by a head of an education institution.

Article 35. Evaluation of Acquired Education

(1) Basic criteria and a procedure for evaluation of acquired education are determined in state standards of education.

(2) Acquiring of education corresponding with accredited education programs at an education institution shall end with state examinations.

(3) Procedure for granting of professional qualification is determined by the Law on Vocational Education.

(4) Evaluation of acquired academic education shall be in accordance with the Law on Higher Educational Institutions.

CHAPTER V
TYPES OF EDUCATIONAL PROGRAMS AND THEIR IMPLEMENTATION

Article 36. Implementation of Education Programs

(1) Education programs shall be implemented at an education institution, a business enterprise, a public organisation, a craftsmen workshop or studio. For implementation of general, vocational and academic education programs an appropriate licence shall be obtained. Implementation of education programs shall be proceeded within a year from date of issuance of a licence.

(2) An education institution has right to implement several education programs.

Article 37. Duration of Implementation of Education Programs

(1) Education programs are implemented within a certain period of time.

(2) Time units in education are a school or a study year, a semester, a study week, a study day and a study lesson (an academic hour).

Article 38. Types of Education Programs

(1) Types of education programs are as follows: general, vocational and academic, further education and interest education programs.

(2) Special types of education programs are:

1) programs of national minority education;
2) programs of special education;
3) programs of social corrective education.
4) education programs for adults.

(3) A detailed classification of education programs shall be determined by the Classifier of Education Programs approved by the Ministry of Science and Education.

Article 39. Register of Education Programs

(1) Data about all licensed and accredited education programs shall be entered into the Register of Education Programs within a month after the date of receiving of a licence or of being accredited.

(2) Register of education programs shall be accessible to every person. List of licensed and accredited education programs is published once a year and no later than by 1 March.

Article 40. General Education Programs

(1) General education programs shall provide students with general development of mental and physical skills, and prepare them for the further education and life within society.

(2) A procedure for implementation of general education programs is determined by the Law on General Education.

Article 41. Programs of Education for National Minorities

(1) Education institutions shall prepare education programs for national minorities in accordance with state standards of education, using as a basis general education models which have been approved by the Ministry of Education and Science.

(2) Minority education programs shall include in addition the necessary content [required ] for acquiring the appropriate ethnic culture and integration of the minority in Latvia [into Latvian society].

(3) The Ministry of Education and Science shall determine the subjects for study in minority education programs which are to be studied in the state language.

Article 42. Programs of Special Education

(1) Persons with special needs may acquire special education at an education institution if an education institution provides a student with possibilities to acquire education corresponding with his/her health status, and characteristics of development disorder.

(2) Special education programs shall be implemented by keeping in mind heath status of persons to be educated.

(3) Procedure for implementation of special education programs is determined by the General Education Law and the Law on Vocational Education.

Article 43. Education Programs of Social Correction

(1) Persons with social behaviour disorder acquire education programs of social correction.

(2) Education programs of social correction shall be implemented at education institutions of social correction or in classes of social correction at an general education institution.

Article 44. Vocational Education Programs

(1) Vocational education programs shall provide students with development of mental and physical skill, practical and theoretical preparation for effective work in a certain profession and life within the society.

(2) Procedure for implementation of vocational education programs is determined by the Law on Vocational Education.

Article 45. Academic Education Programs

(1) Academic education or study programs shall be implemented by higher education institutions.

(2) Procedure for implementation of academic education programs is determined by the Law on Higher Education Institutions.

Article 46. Education programs for adults

(1) Education programs for adults shall determine content of such education and its correspondence with the state and employer�s interests and personality development interests, and adults have right to acquire these programs throughout their life regardless of their previously acquired education.

(2) Each type of education for adults may offer formal an informal education programs.

(3) Content of education programs for adults, procedure of preparation and approval, standards of education for adults and issues of financing and other questions are regulated by Law on Education for Adults and other laws.

Article 47. Programs of Education in Sphere of Interests

(1) Education in the sphere of interests is voluntary, and for its starting there is no need for acquired education at some stage of education.

(2) Education institutions established by the state or a municipality have right to implement education programs in a sphere of interests without a licence.

(3) Education programs in a sphere of interests shall be implemented by other legal entities or natural persons upon receiving of a licence at a municipality.

(4) Education programs in a sphere of interests in vocational direction along with primary and general education programs shall be implemented upon receiving of a licence at the Ministry of Education and Science.

CHAPTER VI
PEDAGOGUES AND PERSONS TO BE EDUCATED

Article 48. Right to work as a pedagogue

(1) A person who has pedagogical education or is acquiring pedagogical education, corresponding with qualification requirements set by the Ministry of Education and Science, has right to work as a pedagogue.

(2) For starting a private practice in pedagogy, a person shall receive a certificate from the Ministry of Education and Science.

(3) All pedagogues working at education institutions or practising privately shall be registered in the Register of Pedagogues.

Article 49. Acquiring and Improvement of Pedagogical Education and Professional Qualification.

(1) Education which is necessary for pedagogical work, shall be acquired at education institutions which implement a particular accredited professional and academic study program.

(2) Professional qualification of a pedagogue is certified by a diploma about the higher pedagogical education or a corresponding certificate.

(3) Professional improvement of pedagogues shall take place at institutions implementing appropriate programs of distance education or in the self-educational way.

(4) Improvement of professional education of pedagogues shall be financed in accordance with procedure set by the Cabinet of Ministers and in accordance with education programs in which a pedagogue works.

Article 50. Restrictions on Working as a Pedagogue

A person:
1) who has been convicted for an intentional crime and has not been rehabilitated;
2) whose capability to act is limited by normative acts;
3) at state or municipal educational institutions - who does not possess a certificate about the command of the state language on the highest level, except for the academic staff of higher educational institutions and citizens of other states or stateless persons who participate in implementation of education programs on grounds of an international agreement, as well as pedagogues working at an education institution or a branch founded by a foreign country,
4) who by court decree has been deprived parental rights,

shall not be permitted to work as a pedagogue.

Article 51. General Obligations of a Pedagogue

(1) In education process general obligations of a pedagogue are:

1) to creatively and with the sense of responsibility participate in implementation of appropriate education programs;
2) to bring up honest and decent individuals - patriots of Latvia
3) to independently develop his/her education and professional skills;
4) to observe norms of the professional ethics;
5) to provide students with possibilities to implement their rights at an education institution;
6) to observe rights of a child;
7) to implement an education program in co-operation with the family of a person to be educated;

(2) Directors of schools, pedagogues and educators are responsible for their work, its methods, approaches and results.

Article 52. Rights of a Pedagogue

A pedagogue shall be entitled:

1) to participate in a self-government of an education institution;
2) to receive annual paid vacations of eight weeks guaranteed by the state;
3) in accordance with a signed contract, to receive a paid sabbatical leave for a period of up to three months or unpaid leave for carrying out development of teaching aids for a period of up to six months as determined by the Cabinet of Ministers;
4) while keeping basic salary at an education institution in which a pedagogue works, to use 30 calendar days in 3-year period for development of his/her education and professional skills;
5) to receive a material support for his/her pedagogical work.

Article 53. Salaries for Pedagogues

(1) Salaries of pedagogues are set in accordance with professional qualification of the pedagogue and work load.

(2) For a pedagogue with the lowest professional qualifications minimal payment for one full load shall be no less than total of two minimal wages in the country.

Article 54. Obligations of a Person to Be Educated

A person to be educated shall:

1) acquire primary education;
2) observe statutes or a constitution of an education institution and internal regulations of education institution;
3) behave with respect for the state and society.

Article 55. Right of a Person to be Educated

A person to be educated shall be entitled:

1) to receive pre-school, primary and secondary education funded by the state or a municipality;
2) to freely express and defend his/her own thoughts and views during the study and education process;
3) to use study rooms, libraries and other depositories of information, reading-rooms, and teaching materials during study process;
4) to receive stipends, loans, allowances, and other type of financial assistance as determined by the Cabinet of Ministers;
5) to receive the state and municipality paid prophylactic health and stomatological care and first aid at an education institution;
6) to propose establishment of a self-government at an education institution and to participate in its work in accordance with statutes or a constitution of an education institution and statutes of self-government;
7) to participate in public activities;
8) to receive information about all issues related with education;
9) to have private belongings be protected at an education institution.

Article 56. Right of Orphans and Children left without parental care in sphere of education.

(1) A child -orphan or a child left without parental care shall be entitled to education at any education institution established by the state or a municipality.

(2) A child-orphan and a child left without parental care shall receive education in the state language.

(3) The minor orphans and children left without parental care from one family shall receive education at the same primary education institution and shall not be separated, except for cases when one of them is placed at a special education institution or classes, in education institutions or groups of social correction.

Article 57. Right of Parents (persons who realize parental rights) in Providing Children with Education

Parents (persons who realize parental rights) shall be entitled:

1) to choose pre-school and primary education institution in which to enrol the child by taking into account the child's wish;

2) to propose establishment of a self-government of an education institution and to participate in its activities according to statutes or a constitution of this institution and regulations of a self-government;.

3) to sign a contract with an education institution for providing education and care of a child at this institution;

4) to receive the information about the issues related with the child's education;

5) to suggest to a state education inspector to carry out inspections at an education institution;

6) to propose to replace a teacher if he/she does not comply with general obligations of pedagogues set by this law;

7) to implement rights set by other legislative documents in providing children with education.

Article 58. Obligations of Parents (persons who realize parental rights)

(1) Parents (persons who realize parental rights) shall:

1) in family and within limits of abilities and financial possibilities provide children with conditions favourable for education, health, development and everyday life ;
2) co-operate with education institutions in which the child is enrolled, and with pedagogues of a child;
3) observe rights of the child

(2) Parents (persons realizing parental rights) shall be responsible for mandatory education of their children.

CHAPTER VII
FINANCING AND MATERIAL PROVISION OF EDUCATION SYSTEM

Article 59. Financial Sources of Education System

(1) State education institutions shall be financed from the state budget in accordance with annual law on the state budget. Municipal education institutions are financed from the municipal budget. The state participates in financing of municipal education institutions in cases provided by this Law.

(2) Private education institutions are financed by their founders. The State and municipalities may participate in financing of private education institutions if these institutions implement state accredited education programs in the state language.

(3) Special education institutions, as well as groups of special education at general education institutions are financed from the state budget according to procedure set by the Cabinet of Ministers.

(4) Education institutions may receive additional financing:

1) in form of donations and contributions;
2) by supplying paid services as provided in the stututes or constitution of the institution;
3) from other sources of income.

(5) Education supporting institutions are financed by their founders.

Article 60. Procedure of financing of education institutions

(1) Founders of educational institution provide financing of institutions by observing:

1) minimum of expenses for education of one person set by the Cabinet of Ministers;
2) maintenace and technical expenses of an education institution, including payments for technical staff, as well as expenses related with international co-operation;
3) expenses of hosting of a student at an education institution.

(2) In some administrative territories the Cabinet of Ministers may determine different expenses for implementation of an education program for one person to be educated.

(3) Expenses of education programs implemented by an education institution include expenses that are necessary for payment for techers who are involved into implementation of education programs, providing education institutions with teaching aids, as well as include its maintenance costs and other expenses. Salaries of teachers at state and municipal education institutions are provided from the state budget and aim subsidy from the budget. Preparation of teaching aids according to state standards of education is financed by the state.

(4) If an education institution implements several education programs, financial means should be planned for every education program according to costs of their implementation. At an education institution several education programs may be implemented, and there might be different sources for their financing - from resources of state, municipality, natural person or legal entity.

(5) Assignements of state and municipal budgets for operation of education institutions shall be planned in accordance with drafts of expense estimates submitted by education institutions (budget requests). State education admiistration institutions and particular municipalities (in relation to the assignments of municipal budgets) approve costs estimates of eucation institution after approval of state budget and municiapl budget. When fixing annual state budget and municipal budget assignments, factor of inflation in the prvious budget year shall be observed.

(6) Income reeived from economic activities of education institution and its provided services as well as other income does not influence amount of annual assignments from the state budget or municipal budget.

(7) Financial means mentioned in paragraph 4 of this Article, shall be transfered into special budget account of education institution and used only:

1) for development of education institution;
2) for acquiring of teaching aids;
3) for acquiring of equipment for institution;
4) for material stimulating of pedagogues and students.

Article 61. Education Innovation Fund

For support of education system an Education Innovation Fund is established which consists of deductions from alcohol and tabbaco excese tax. Operation of the fund is regulated by a special law.

Article 62. Material Provision of Education Institutions and Education Supporting Institutions

(1) Material provision of education institutions and educational supporting institutions includes the realty and the movable property which are their property, are governed or used by these institutions.If a state education institution, except for higher education institution, is located on state real estate, this property shall be registered in the Land Register in the name of state in person of the Ministry of Education and Science. State property which is given to state higher education institutions to govern, shall be registered in the name of state in person of particular higher education institution.

(2) Property of an education institution is formed in accordance with requirements of education programs implemented by an education institution, and shall be used for implementation of education programs and maintenance of an education institution.

(3) Material resources of an education institution and an education supporting institution is formed and developed by founder's alloted resources and additional financial sources.

(4) Buildings, their parts and the land which are are governed or used by state and municipal education institutions shall be used for carrying out educational work and other purposes set by this law. Transfering of building, thier parts and the land which are governned or used by an education institution into use of a third person may be allowed only if it does not hinder health, life and safety of students, does not contradict with norms of morality and ethics and does not restrain educational work. Transfering of building, thier parts and the land into use of the trird person may be permitted by signing a written contract which is registered at the Ministry of Education and Science, at other ministry or appropriate municipality.

(5) A contract which is concluded by an education institution and legal entity or natural person about use of the land, building or their separate parts under the governance or use of education institution, shall include a provision stating that in case the used object is necessary for educational work of an education institution, as well as for implementation of other operations provided by this law or if its use hinders health, life and safety of student and contradicts norms of morality and ethics, the education institution may terminate the contract by giving one month notice to a user.

TRANSITIONAL PROVISIONS

1. This Law comes into force on 1 June 1999.

2. Upon the date this Law comes into force, the June 19, 1991 Republic of Latvia Education Law adopted by the Republic of Latvia Supreme Council becomes null and void.

3. Until 1 September 1999, the Minister of Education and Science ensures preparation of normative acts related with this law, and submits them to the Cabinet of Ministers for approval.

4. Paragraph 2 of Article 53 of this Law comes into force on 1 January 2000.

5. Paragraph 1 of Article 48 of this Law comes into force on 1 September 2000.

6. Education institutions established by the state or a municipality which by the date of this Law coming into force have started implementation of education programs corresponding with the type and profile of the institution, may continue implementation of these programs by receiving a licence for implementation of appropriate program within three years.

7. Private education institution which has already received a licence, may continue implementation of appropriate education program until the end of the accreditation period.

8. Until the date of this Law coming into force an accredited education institution which does not have an accredited education program, has the right to continue issuing certificates about acquired education corresponding with appropriate education programs approved by the state until the end of the accreditation term.

9. Paragraph 1 and Paragraph 2 subparagraph 2 of Article 9 of this Law comes into force gradually:

1) on September 1, 1999 -regarding institutions of higher education;
2) on September 1, 1999 - state and municipal general education institutions with other language of instruction start implementation of programs for national minorities or proceeds transition to education in the state language;
3) on September 1, 2004 - in the 10th grade of state and municipal general education institutions and in the 1st year of state and municipal vocational education institutions studies are begun only in the state language.

10. Within a year from the date of this Law coming into force all education institutions and other institutions implementing education programs shall submit to the Ministry of Education and Science all data necessary for entering into the registers of education programs, education institutions, pedagogues, and shall co-ordinate names of education institutions with classification of education institution register and program register.

10. Extra-curricular institutions which are founded prior to the date of this Law coming into force, shall keep their status and within a year their operations are co-ordinated with provisions of Article 47 which correspond with education in sphere of interests.

11. Education institutions which are established prior to the date of this Law coming into force and continue their operations, until 1 January 2000 shall be registered in the Register of Education institutions, according to provisions of Article 39 of this Law.

The President of State G.Ulmanis
Riga, 17 November 1998

Source: Unofficial translation