On General Education

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On General Education
Document number 1330
Document issuer Parliament of Georgia
Date of issuing 08/04/2005
Document type Law of Georgia
Source and date of publishing LHG, 20, 04/05/2005
Registration code 430.050.000.05.001.001.778
Consolidated publications
1330
08/04/2005
LHG, 20, 04/05/2005
430.050.000.05.001.001.778
On General Education
Parliament of Georgia
Attention! You are not reading the final edition. In order to read the final edition, please, choose the respective consolidated version.

Consolidated versions (21/12/2016 - 16/12/2016)

LAW OF GEORGIA

ON GENERAL EDUCATION

 

Chapter I – General Provisions

 

Article 1 - Legislation of Georgia in the field of general education and scope of this Law

1. The legislation of Georgia in the field of general education consists of the Constitution of Georgia, the Constitutional Agreement, international agreements and treaties, this Law, and other primary and secondary legislation.

2. This Law regulates the conditions for carrying out general educational activities, the principles and procedures for managing and funding of general education; it also defines the status of all general education institutions (irrespective of their organisational and legal form), rules for their establishment, functioning, reorganisation, liquidation, authorisation and accreditation, as well as the conditions and procedures for implementing teaching activities in general education institutions in Georgia.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

 

Article 2 - Definition of terms

The terms used in this Law have the following meanings:

a) authorisation – the procedure for acquiring the status of a general education institution, which is intended to ensure meeting standards necessary for the implementation of appropriate activities to issue an educational document recognised by the State;

a1) accreditation – the procedure for determining the compliance of educational programmes of general education institutions with the accreditation standards with the intent to introduce systematic self-evaluation of educational institutions and facilitating the development of quality assurance mechanisms for education quality improvement;

a2) branding – an individual school assessment system based on the criteria determined by the Ministry of Education and Science of Georgia. In the process of school branding the highest rating is given to a school with an accredited educational programme;

b) supplemental individual work – extracurricular work of a teacher for achieving the goals of the National Curriculum carried out in addition to lessons ( hours) set forth by the National and School Curricula;

b1) the Code of Ethics for School Principals – a set of rules of conduct for school principals;

c) disciplinary offence – violation of internal regulations of a general education institution;

d) disciplinary inquiry – a set of measures taken by a general education institution to identify a disciplinary offence committed by a pupil or a teacher;

e) disciplinary penalty – a measure of impact determined for a disciplinary offence under internal regulations of a general education institution;

e1) National Qualifications Framework – a document combining all qualifications applicable in Georgia, including basic and secondary general education levels;

f) the National Curriculum – a document regulating the distribution of teaching hours for all levels of general education, the conditions and recommendations for organising educational environment, the necessary study load for pupils, the list of the achievements (skills and knowledge), which must be acquired by pupils after completion of each educational level, and the description of ways to acquire these skills and knowledge;

g) supplemental educational services provided for by the National Curriculum – the services under the School Curriculum, rendered by public schools within the maximum number of school hours in subjects that are included in the National Curriculum;

h) supplemental educational and mentoring services not provided for by the National Curriculum – the educational and mentoring services under the National Curriculum, rendered by public schools in subjects that are not included in the Mentoring and National Curricula;

i) National Assessment System – a system applied by the State to check the compliance of pupils' achievements with the levels of achievement determined by the National Curriculum and the feasibility of achieving these levels;

j) external studies (externship) – the rules for obtaining a state document, certifying general education, by a person who has independently completed the general education programmes;

k) a school voucher – a negotiable financial instrument granted to a pupil by the State that may be issued both in a tangible and intangible form and is intended for financing the pupil to take general education;

l) general education – education with the aim of educating and training the citizens of Georgia for professional and public life following general education. A complete general education in Georgia comprises 12 years of schooling;

m) Document of National Goals for General Education – a document determining, under this Law, the goals of the general education system applicable in the country. The Document of National Goals for General Education is the basis for developing the National Curriculum and the basic indicators of the general education system. The Government of Georgia shall adopt the Document of National Goals for General Education upon the recommendation of the Minister of Education and Science of Georgia, and submit it to the Parliament of Georgia for approval;

n) levels of general education – a complete general education in Georgia consists of three levels: primary education (six years), basic education (three years) and secondary education (three years);

o) general education system – a combination of National and School Curricula, the general education institutions implementing these curricula, as well as the state bodies and legal entities under public law that ensure the acquisition of a general education;

p) a general education institution/a school – a legal entity under public law or an entrepreneurial or non-entrepreneurial (non-commercial) legal entity under private law, authorised in the manner prescribed by the Minister of Education and Science of Georgia that carries out general educational activities under the National Curriculum and completely covers at least one level of general education;

q) administrative and financial autonomy of a general education institution – a self-government of a general education institution represented by the following bodies of public schools: a Board of Trustees, an Administration, a Teacher Council, Pupil Self-government, a Disciplinary Committee, as well as an Appeals Committee, if any;

r) (Deleted – 17.3.2006, No 2793);

s) self-assessment – checking compliance of ongoing educational process by a school with the Document of National Goals for General Education, the National Curriculum and the standards for general education institutions established by the Ministry of Education and Science of Georgia. School teachers, pupils and parents shall participate in the self-assessment process;

t) inclusive education – involving pupils with special educational needs in the general education process together with their peers;

u) capital expenditure – money spent to acquire capital assets, strategic and special supplies, goods, land, intangible assets, buildings and structures, machinery and equipment, devices, vehicles and other fixed assets, as well as money spent on capital repairs, construction and reconstruction;

v) a private school – a general education institution established as a legal entity under private law;

w) a class – a group of pupils of a general education institution who meet on a temporary basis for at least one academic year in accordance with the recommendations of the National Curriculum and the statute of the educational institution, and study the general educational programmes of any of the levels of general education mainly together;

w1) a teacher – a person with professional knowledge, skills and appropriate qualifications determined by the Professional Standards for Teachers who teaches at least one subject at a general education institution;

w2) the Code of Professional Ethics for Teachers – a set of rules of professional conduct for teachers;

w3) the Professional Standards for Teachers – a list of professional obligations, knowledge, skills, values and qualifications which must be met by teachers of all positions determined by Article 212 of this Law;

w4) a beginning teacher – a person who teaches in a general education institution on a temporary basis to obtain the status of a teacher;

w5) mobility of pupils in a general education institution – free movement of pupils to participate in the study process both in Georgia and abroad as provided for by the legislation of Georgia and the rules established by a general educational institution, followed by recognition of education and assessments acquired during the study process;

w6) (Deleted – 28.11.2014, No 2822);

w7) Teacher Pre-service, Professional Development and Career Advancement Scheme – a continuing professional development programme for teachers approved by the Government of Georgia under this Law that is based on the Professional Standards for Teachers and determines the mechanisms for beginning a teaching career, for evaluation, professional development and career advancement of teachers;

w8) a pupil – a person enrolled in a general education institution as provided for by the legislation of Georgia;

x) Individual Curriculum – a curriculum designed on the basis of the National Curriculum for the pupils with special educational needs that is a part of a School Curriculum;

x1) the Code of Conduct for Pupils – a set of rules of conduct for pupils;

y) a parent – a parent or a legal representative of a pupil;

y1) a resource officer of an educational institution – a legally capable citizen of Georgia with appropriate education and a clean criminal record, who ensures public order on a contractual basis;

y2) the Code of Ethics for Resource Officers of an Educational Institution – a set of mandatory rules of conduct for resource officers of an educational institution, the types of disciplinary offences and disciplinary liability, as well as disciplinary proceedings, including the procedure to form the relevant adjudicating authority;

z) a small school – a school with a small number of pupils due to local conditions. The Ministry of Education and Science of Georgia shall determine the standards for a small school;

z1) multilingual education – education which is intended to develop and improve the language proficiency of pupils in different languages. It includes the organisation of studies in the general education system to increase efficiency of learning and use of these languages;

z2) pupils with special educational needs – persons who have difficulties in learning compared to their peers and for whom modification of the National Curriculum and/or adaptation to the educational environment and/or preparation and implementation of the Individual Curriculum are needed;

z3) Multidisciplinary Team of Inclusive Education within the Ministry of Education and Science of Georgia ('the Multidisciplinary Team') – a team of specialists who identify and assess individual educational needs of children with disabilities in order to select the best type of education for them;

z4) a group of experts – a group (groups) within the Ministry of Education and Science of Georgia, that makes (make) decisions regarding application of referral measures against minors in accordance with this Law;

z5) a social worker – an authorised person of a guardianship and curatorship agency;

z6) a boarding school – a specialised educational institution where the educational process is regulated by an order of the Minister of Education and Science of Georgia;

za) (Deleted – 2.3.2007, No 4412);

zb) teaching activity – individual work of teachers with pupils during and after the lessons;

zc) a pilot project – a feasibility study of the National Curriculum Goals and the means of achieving these goals at schools;

zc1) (Deleted – 28.11.2014, No 2822);

zd) school time – the duration of the educational process determined by the School Curriculum, as well as any other event initiated, organised, controlled, financed and sponsored by a school;

ze) School Curriculum – a curriculum which specifies a required study load for a certain general education institution as provided for by the National Curriculum, and determines supplemental educational services under the National Curriculum, supplemental educational and mentoring services not provided for by the National Curriculum, as well as the educational activities carried out at schools;

zf) a public school – a general education institution established as a legal entity under public law;

zf1) (Deleted – 28.11.2014, No 2822);

zf2) (Deleted – 28.11.2014, No 2822);

zg) Administration – a school principal, his/her deputy/deputies and an accounting department;

zg1) Teacher Council – a self-government body of school teachers;

zg2) Board of Trustees – the highest elective body of the school self-government;

zg3) personal search – an action performed at school by a person authorised by a school principal, or by a resource officer with a permit or under the supervision of the school principal or a representative of the Administration in order to identify and seize an instrument of disciplinary offence, an item affected by the disciplinary offence, a property or valuable possessions acquired as a result of the disciplinary offence, as well as an item and a document necessary for determining the circumstances of the disciplinary offence.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 4530 of 28 March 2007 - LHG I, No 15, 23.4.2007, Art. 119

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 2940 of 20 April 2010 - LHG I, No 23, 4.5.2010, Art. 122

Law of Georgia No 3292 of 2 July 2010 - LHG I, No 37, 14.7.2010, Art. 223

Law of Georgia No 3544 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 291

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 4204 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 4321 of 9 March 2011 - website, 22.3.2011

Law of Georgia No 4322 of 9 March 2011 - website, 22.3.2011

Law of Georgia No 5513 of 20 December 2011 - website, 28.12.2011

Law of Georgia No 5666 of 28 December 2011 - website, 12.1.2012

Law of Georgia No 173 of 27 December 2012 - website, 8.1.2013

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 3 - Basic goals of the state policy in the field of general education

1. Basic goals of the state policy in the field of general education are to:

a) create conditions for developing pupils into free persons with national and universal human values;

b) develop intellectual and physical skills of pupils, provide them with necessary knowledge, establish healthy lifestyles, form civil awareness based on liberal and democratic values, ensure respect for cultural values by the pupils and facilitate understanding of rights and obligations before their family, society, state and community.

2. In order to achieve the goals determined by paragraph 1 of this article the state shall ensure:

a) openness of and equal access to lifelong general education for all persons;

b) inclusion of the general education system of Georgia in the international education system;

c) freedom of public schools from religious and political associations and freedom of private schools from political associations;

d) development of national assessment, the National Curriculum and accreditation systems that includes planning and management of the general education process by identifying and evaluating the quality of study;

e) adoption of standards for logistics, software and human resources for the authorisation and accreditation of general education institutions;

f) administrative and financial autonomy of general education institutions;

g) prevention of violence at general education institutions;

h) introduction of inclusive education;

i) regulation of the profession of teachers.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

 

Article 4 - Language of instruction

1. The language of instruction in general education institutions shall be Georgian, while in the Autonomous Republic of Abkhazia - Georgian or Abkhazian.

2. If the language of instruction in general education institutions in the Autonomous Republic of Abkhazia is one of the official languages, teaching of the second official language shall be mandatory.

3. The citizens of Georgia, whose native language is not Georgian, shall have the right to acquire a complete general education in their native language in accordance with the National Curriculum, as provided for by the legislation. Teaching of the official language in such general education institution and both official languages in the Autonomous Republic of Abkhazia shall be mandatory.

4. In the cases determined by the international agreements and treaties of Georgia a foreign language may be the language of instruction in general education institutions. Teaching of the official language in such general education institutions and both official languages in the Autonomous Republic of Abkhazia shall be mandatory.

5. A sign language and its analogues shall be used in specialised schools for sensory impairments, where children with hearing disorders are educated.

6. The Braille system shall be used in specialised schools for sensory impairments, where children with visual impairments are educated.

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

 

Article 5 - National Curriculum

1. In order to achieve the objectives determined by Article 3 of this Law the State shall develop the National Curriculum which defines necessary subject groups, teaching hours per subject, their distribution and required study load, the conditions and recommendations for organising educational environment according to general educational levels.

11. If necessary, a school shall develop an individual curriculum within the framework of the National Curriculum for the pupils with special educational needs.

2. The National Curriculum shall determine a list of achievements (skills and knowledge) that must be acquired by pupils in each subject or subject group upon completion of a certain grade or educational level. The National Curriculum shall also include modified curricula for pupils with special educational needs.

3. The National Curriculum shall include the following subject groups:

a) official language

b) mathematics

c) foreign languages

d) social studies

e) sciences

f) technologies

g) aesthetic education

h) sports.

4. The language of instruction for subject groups, provided for by paragraph 3(a) and (d) of this article, shall be Georgian in such general education institutions where teaching is carried out in accordance with Article 4(3) of this Law , while in the Autonomous Republic of Abkhazia - Georgian and/or Abkhazian.

5. Compliance with the National Curriculum shall be mandatory for all general education institutions.

6. Teaching of subjects determined by the National and School Curricula must be academic, impartial and non-discriminatory.

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 6 - General education

1. Acquisition of a complete general education shall imply passing school-leaving examinations and certifying the completion of studies by a relevant state-approved document. The Ministry of Education and Science of Georgia shall determine a sample of the state document as well as the procedure and conditions for holding school-leaving examinations.

11. A person, who has achieved the level of achievement as determined by the National Curriculum through a general education programme accredited for a general education institution, shall be exempted from school-leaving examinations defined in paragraph 1 of this article.

2. An expedited completion of the general education programme may be permissible only in exceptional cases taking into consideration the individual capabilities of pupils as provided for by the Ministry of Education and Science of Georgia.

3. If requested by a pupil or his/her parent, a general education institution shall be obliged to issue a certificate of completion of studies by the pupil according to the form designed by the Ministry of Education and Science of Georgia.

4. Pupils shall not be left beyond the general education system until achieving a basic educational level.

5. Persons holding certificates of completion of any educational level shall be entitled to embark on the next level of study throughout the territory of Georgia.

51. A person with special educational needs, who has no educational background or has missed class/classes for certain reasons, shall have the right to be admitted to school or to continue external studies in a class appropriate to his/her age, or at a maximum of two classes below, without examinations on the basis of the opinion of a Multidisciplinary Team.

6. Primary schooling of general education shall begin at the age of six.

7. (Deleted – 21.7.2010, No 3530).

Law of Georgia No 4530 of 28 March 2007 - LHG I, No 15, 23.4.2007, Art. 119

Law of Georgia No 3442 of 16 July 2010 - LHG I, No 44, 28.7.2010, Art. 273

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 4321 of 9 March 2011 - website, 22.3.2011

Law of Georgia No 2210 of 4 April 2014 - website, 14.4.2014

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 7 - Access to general education

1. The State shall ensure the right of each pupil (including pupils with special educational needs) to acquire general education in the official, or in his/her native, language, as close to his/her place of residence as possible.

2. If the right determined by paragraph 1 of this article cannot be exercised through a standard school voucher, the State shall provide such pupils with increased vouchers and/or additional funding within an appropriate targeted programme approved by the Ministry of Education and Science of Georgia.

3. Through increased vouchers and additional funding the Ministry of Education and Science of Georgia shall ensure:

a) openness of and equal access to lifelong general education for everyone in public schools;

b) introduction of inclusive and multilingual education in public schools;

c) improvement of logistics, software and human resources in public schools;

d) an appropriate remuneration for labour of public school teachers, administration and support staff;

e) a healthy environment in public schools;

f) a smooth study process in public schools, especially in public schools where more than one administrative facility, used in the study process, is on balance as a result of the reorganisation, as well as in public schools located in villages/townships and highland regions, and in multi-sector public schools.

4. The State shall ensure acquisition of a general education in places of detention as provided for by the Imprisonment Code of Georgia.

Law of Georgia No 4129 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 372

Law of Georgia No 2725 of 9 March 2010 - LHG I, No 12, 24.3.2010, Art. 61

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 71 – Start of academic year at general education institutions of Georgia

1. The academic year at all general education institutions of Georgia shall start on 15 September. If 15 September falls on a holiday or a day off, studies shall begin on the first following business day.

2. For all, or a specific general education institution, the academic year start date different from the one provided for under paragraph 1 of this article may be defined by an individual administrative-legal act of the Minister of Education and Science of Georgia:

a) when implementing a pilot programme at a public school under this Law;

b) in an emergency situation provided for by the Law of Georgia on Civil Security; also when performing rehabilitation works of a general education institution(s);

c) at the substantiated request of a private school.

Law of Georgia No 5420 of 10 June 2016 - website, 17.6.2016

 

Chapter II – Basic Rights and Obligations of Pupils, Parents and Teachers

 

Article 8 - Basic guarantees

1. Pupils, parents, teachers and their associations shall have the right to enjoy all rights and freedoms protected by this Chapter and recognised by the school, as well as all school resources on equal terms, without discrimination and in the prescribed manner during school hours or on school grounds.

2. Schools shall be entitled to restrict rights and obligations of unauthorised persons on a non-discriminatory basis during school hours or on school grounds.

3. Schools may determine the rules of non-discriminatory and neutral restriction for the rights and obligations of pupils, parents and teachers and their associations during school hours and on school grounds in order to observe this Law, and if there is a reasonable and inevitable danger to:

a) health, life and property safety;

b) promotion of drugs, alcohol or tobacco consumption or other illegal acts;

c) spreading of obscenity or slander, ethnic or religious discords, incitement to crime or violence;

d) obstruction to ongoing study process, school activities or free movement on school grounds.

4. Any restriction of the rights and freedoms of pupils, parents and teachers must be reasonable, proportional, and minimal and must be applied through an appropriate and fair procedure only in a prescribed manner and in full compliance with the Code of Professional Ethics for Teachers.

5. The rights and freedoms of pupils, parents and teachers shall not be restricted in a way that is in essence equivalent to their annulment. Any restriction or regulation may include such neutral restrictions of the place, time and form of exercising their rights and freedoms that do not impact on the content or expressive effect of the information or ideas, and leave possibility for the application of effective alternative ways to exercise these rights and freedoms.

6. Rights and freedoms of pupils, parents and teachers recognised by this Law shall be supposed to be legitimate in the course of their enjoyment. If disputes arise in this regard, the burden of proof of unlawfulness of exercising these rights and freedoms shall lie on the initiator of the restriction.

7. Schools shall not finance events that contradict the purposes of this Law.

8. This Law shall not deny internationally recognised human rights and freedoms that are not specified in this Law but that are derived from the legislation of Georgia.

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

 

Article 9 - Right to acquire general education

1. Everyone shall enjoy equal rights to acquire a complete general education in order to fully develop his/her personality and acquire knowledge and skills necessary for equal opportunities to be successful in private and social life. Acquisition of a primary and basic education shall be mandatory.

2. The State shall establish a general education system and provide proper social and economic conditions in order to ensure acquisition of a general education.

3. An individual curriculum and/or additional training programme shall be developed according to the National Curriculum for pupils with special educational needs whose education, social adaptation and integration in social life shall be ensured under that curriculum and/or programme. In such cases the State shall finance such pupils.

4. General education may be acquired through external studies. An external student shall have the right to acquire a document certifying a complete general education, if he/she achieves the achievement level determined by the National Curriculum and successfully passes the school leaving examinations through external studies.

41. The Ministry of Education and Science of Georgia shall establish the procedure and conditions for acquiring general education through external studies. The Ministry of Education and Science of Georgia shall be authorised to determine the other time-frames than prescribed by the General Administrative Code of Georgia for the submission and review of administrative claims regarding the acquisition of a general education through external studies.

5. General education may be acquired in alternative ways, in the manner prescribed by the Ministry of Education and Science of Georgia, taking into consideration the age peculiarities and labour and family conditions of pupils.

6. The State shall protect freedom of educational choice for pupils and parents. Freedom of educational choice for parents shall not imply:

a) the right to avoid mandatory education;

b) education that prevents the achievement of the objectives of this Law.

7. Schools shall be obliged to take all reasonable measures to ensure a fair assessment of a pupil’s knowledge. Academic assessment of pupils based on their disciplinary records shall not be allowed.

8. Pupils shall have the right to be protected from improper treatment, neglect and abuse.

9. Schools shall be obliged to ensure safe environment for health, life and property during school hours, as well as on school grounds or adjacent areas. For this purpose an entrepreneurial or non-entrepreneurial (non-commercial) legal entity under private law - a general education institution shall be authorised to conclude a service agreement with a legal entity under public law (LEPL) - Office of Resource Officers of Educational Institutions. Services provided by the LEPL Office of Resource Officers of Educational Institutions to public general education institutions shall be financed from the State Budget of Georgia.

10. Schools shall be obliged to take all reasonable measures to observe and prevent violation of the rights and freedoms of pupils, parents and teachers during the school hours, as well as on school grounds or adjacent areas.

11. Pupils expelled from a school shall have the right to continue their studies in another school.

12. Pupils shall have the right to move from one school to another school on the same general education level in the manner prescribed by the Ministry of Education and Science of Georgia.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 4129 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 372

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 4204 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 4321 of 9 March 2011 - website, 22.3.2011

 

Article 10 - Right to awareness of own rights and freedoms

1. Pupils, parents and teachers shall have the right to be aware of their rights and freedoms, as well as the grounds for limitation of these rights and freedoms.

2. Schools shall be obliged to inform new pupils, parents and teachers about their rights and freedoms.

3. If the rights and freedoms of pupils, parents and teachers are restricted, schools shall be obliged to explain the grounds for such limitation within reasonable time-frames.

 

Article 11 - Right to participate in school governance

1. Pupils, parents and teachers shall have the right to participate in school governance personally or through an elected representative.

2. Pupils, parents and teachers shall have the right to obtain any information from the school except for information containing personal data.

3. Pupils, parents and teachers shall have the right to require and have the possibility to express their opinions and participate personally or through representatives in resolving issues related to them that are under consideration by the school.

4. No action shall be taken against the pupils without observing their genuine interest.

Law of Georgia No 6328 of 25 May 2012 - website, 12.6.2012

 

Article 12 - Right to appeal

1. In order to protect their rights and freedoms, pupils, parents and teachers shall have the right to appeal unlawful and other wrongful acts of teachers and the school, as well as to receive full compensation for any inflicted damage.

2. Schools shall be obliged to establish an effective mechanism for independent and impartial review of appeals.

3. Labour disputes arising between a public school principal and the school staff, the Board of Trustees and the school principal, as well as the public school principal and the Ministry of Education and Science of Georgia shall be adjudicated by courts as civil disputes through civil proceedings.

4. 6. (Deleted – 20.3.2013, No 348).

5. An employee of the Ministry of Education and Science of Georgia or of an appropriate territorial body within the Ministry of Education and Science of Georgia shall be a representative of a public school in court during civil and administrative proceedings on the basis of a power of attorney of the school principal, while in the territories of the Autonomous Republics of Adjara and Abkhazia such representative shall be an employee of an appropriate Ministry in the field of education or of the Ministry of Education and Science of Georgia.

Law of Georgia No 790 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 257

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 3442 of 16 July 2010 - LHG I, No 44, 28.7.2010, Art. 273

Law of Georgia No 4322 of 9 March 2011 - website, 22.3.2011

Law of Georgia No 5511 of 20 December 2011 - website, 28.12.2011

Law of Georgia No 348 of 20 March 2013 - website, 28.3.2013

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 13 - Neutrality and non-discrimination

1. Politicisation of the study process in general education institutions shall be inadmissible.

2. The use of the study process in general education institutions for the purpose of religious indoctrination, proselytism or forced assimilation shall be inadmissible. This rule shall not restrict the celebration of public holidays and historical dates in public schools, as well as the organisation of such events that are intended to establish national and universal values.

3. Any discrimination on admission to a school shall be inadmissible. This rule shall not exclude the possibility of holding a competitive selection in general education institutions that carry out military, specialised arts and sports trainings, as well as in schools with other status. Special educational needs of a person must be considered in a competitive selection.

4. It shall be inadmissible for schools to use their powers and resources in a way to directly or indirectly discriminate against pupils, parents, teachers or their associations.

5. Any differentiating act or an exception shall be considered as discrimination, except for the cases where such act or exception is fair and reasonable and ensures free development of and equal opportunities for each person and group.

6. Schools shall observe and facilitate tolerance and mutual respect among pupils, parents and teachers irrespective of their social, ethnic, religious, linguistic and world-view affiliations.

7. Schools shall protect individual and collective rights of minorities to freely use their native language, preserve and manifest their cultural affiliation on the basis of equality.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 3068 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art. 187

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

 

Article 14 - Freedom of expression

1. Pupils, parents and teachers shall have the right to inquire, obtain, produce, store, process or disseminate any information and opinions during school time or on school grounds in the manner prescribed by law, as well as to use school resources in inquiring, obtaining, producing, storing, processing or disseminating any information and opinions, considering the restrictions determined by the legislation of Georgia, including by this Law.

2. Pupils shall have the right to express their opinions and require respect for these opinions.

3. Violation of editorial independence of school editions and censorship of school library books shall be inadmissible. This rule shall not prevent schools from imposing non-discriminatory and neutral restrictions in order to protect minors from adverse influence of the literature inappropriate for their age.

4. Pupils, parents and teachers shall have the right to attract voluntary donations for charitable purposes in a prescribed manner. Schools shall take all reasonable measures to prevent extortion of financial means or other goods.

5. Pupils and teachers shall have academic freedom in learning, teaching and research within limits, unless it contradicts achievement of the objectives set by the National Curriculum.

6. Schools shall have the right to introduce a school uniform, unless it limits the freedom of expression of pupils and teachers. Pupils and teachers shall have the right to a substantiated refusal to wear school uniforms.

7. While introducing school uniforms, schools must take into consideration the financial condition of the pupils and provide the uniforms for those pupils who cannot afford to purchase them.

 

Article 15 - Freedom of assembly

1. Upon prior notification, pupils, parents and teachers shall have the right to freedom of assembly on school grounds in the manner prescribed by law.

2. Schools shall be prohibited from leading or controling the ongoing assembly of pupils, parents and teachers against their will. Schools shall be entitled to attend an assembly of pupils, parents and teachers if necessary.

3. An outsider shall have the right to attend an assembly of pupils only upon invitation, except as provided for by the legislation of Georgia, which is related to ensuring safety on school grounds.

Law of Georgia No 4530 of 28 March 2007 - LHG I, No 15, 23.4.2007, Art. 119

 

Article 16 - Freedom of association

1. Pupils, parents and teachers shall have the right to freedom of association in the manner prescribed by law.

2. Schools shall not interfere with the activities of an association of pupils, parents and teachers, except as provided for by law.

3. An outsider shall not be allowed to lead or control an association of pupils.

 

Article 17 - Right to privacy

1. Pupils, parents and teachers shall have the right to privacy. They shall not be required to disclose information on their private lives.

2. In collecting and storing personal data of pupils, parents and teachers, schools shall be obliged to observe the requirements of this Law and the General Administrative Code of Georgia.

3. Information on the academic performance of pupils shall be stored separately from their disciplinary records.

4. Schools shall be entitled to require pupils and teachers to undergo medical examination on diseases, alcohol and drugs. Schools shall be obliged to ensure access to appropriate medical examinations.

5. The right to privacy and personal communication of pupils and teachers, as well as the inviolable right to a school-owned property transferred to the pupil and teacher for personal use shall not be arbitrarily restricted.

 

Article 18 - Freedom of belief

1. Pupils, parents and teachers shall have the right to freedom of belief, confession and conscience, as well as to a voluntary choice and change of any or no belief or world-view, in the manner prescribed by law.

2. It shall be inadmissible to impose such obligations upon pupils, parents and teachers that fundamentally contradict their belief, confession and conscience, unless it violates the rights of others or prevents achievement of the educational level determined by the National Curriculum.

3. Placement of religious symbols on school grounds shall not be used for non-academic purposes.

4. The pupils of public school shall have the right to study religion or conduct religious rituals outside of school time, if it serves the purposes of acquiring religious education.

 

Article 19 - Discipline

1. School discipline shall be protected by methods that are based on respecting the freedom and dignity of pupils and teachers.

2. The requirements, disciplinary inquiry and penalty determined by internal regulations of a school must be reasonable, justified and proportional.

3. In addition to the liabilities determined by the legislation of Georgia, the internal regulations of a school may include a warning, a strict warning for pupils, barring pupils from lessons, a temporal suspension from school, imposing an activity useful for the school and other disciplinary penalties. If a pupil is temporarily suspended from school, his/her parent shall be immediately notified. Schools shall be obliged to keep pupils, barred from lessons or temporarily expelled from school, under their curatorship.

4. Disciplinary inquiry may be carried out through proper and lawful procedures only in cases and in a manner determined by internal regulations of a school.

5. In the case of disciplinary inquiry a school shall be obliged to explain to a pupil or a teacher the essence of the disciplinary offence committed by him/her.

6. If a disciplinary penalty is imposed on, or disciplinary inquiry is commenced against, a pupil, his/her parent must be immediately notified. A pupil shall be entitled to appear together with his/her parent when resolving the issue related to him/her.

7. Schools shall be obliged to take measures to prevent significant lags of pupils in the study process due to disciplinary penalties.

8. A severe or any other disciplinary penalty humiliating the honour and dignity of a person shall not be applied.

9. Pupils may not be subject to personal search unless the evidence indicates a particular person, and there is a reasonable assumption that a personal search may reveal misconduct determined by internal regulations of a school. Personal search of a pupil may be performed only by a person, appropriately authorised by the school principal, or by a resource officer with a permit or under the supervision of the school principal or the Administration representative. Pupils may not be subject to collective personal search. Prior to a personal search a pupil shall be notified in this regard by a person, appropriately authorised by the school principle, or by a resource officer.

10. Pupils or teachers shall not be subject to disciplinary inquiry for actions performed outside of school time and school grounds, unless the school has a justified interest.

11. Pupils and teachers shall have the right to silence during a disciplinary inquiry. The right to silence shall not exempt pupils and teachers from disciplinary liability.

12. A teacher shall be entitled to make a decision to bar a pupil from lessons, a school principal shall be entitled to make a decision to suspend a pupil for up to 5 school days, and a Disciplinary Committee shall be entitled to make a decision, by secret ballot, to suspend a pupil for 5-10 school days or to expell a pupil from school.

121. Pupils may not be expelled from school at primary and basic educational levels.

122. When charging pupils to perform useful work for school, the following shall be determined: the content of and the procedure and conditions for performing the useful work; the place of performing the useful work within the school grounds; the duration of the useful work which must not exceed 1 hour a day for pupils at the primary educational level, 2 hours a day for the pupils at the basic educational level and 3 hours a day for the pupils at the secondary educational level; and a person authorised to supervise performance of the useful work for the school by a pupil. Pupils may be charged to perform useful work for school with the consent of their parents. The damage incurred during the performance of useful work for school by pupils shall be compensated under the legislation of Georgia. In this case the burden of proof shall rest with the school administration.

13. Before communicating with a pupil during school time and on school grounds in urgent cases, except as provided for by law, a police officer or other civil servant shall be obliged to notify the school regarding the purpose of communication and the circumstances of the case, and contact the pupil through the school. The school shall be obliged to explain to the pupil his/her rights and immediately inform his/her parent in this regard, unless the rights of the pupil are violated by his/her parent.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 3442 of 16 July 2010 - LHG I, No 44, 28.7.2010, Art. 273

Law of Georgia No 3544 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 291

Law of Georgia No 173 of 27 December 2012 - website, 8.1.2013

 

Article 20 - Inadmissibility of violence and safety

1. Violence against a pupil or any other person at school shall be inadmissible. In the case of physical and/or verbal abuse a school shall be obliged to immediately respond adequately as provided for by the legislation of Georgia.

2. The actions performed by law enforcement bodies on school grounds in order to ensure safety shall be regulated by the legislation of Georgia.

Law of Georgia No 4530 of 28 March 2007 - LHG I, No 15, 23.4.2007, Art. 119

 

Article 21 - Other rights and obligations of teachers

1. A teacher of a general education institution shall have the right to:

a) require the institution to provide necessary conditions for work;

b) receive remuneration according to the rules determined by the Ministry of Education and Science of Georgia;

c) upgrade qualifications for which once in 6 years he/she is entitled to enjoy unpaid leave for up to 1 year, while preserving his/her workplace;

d) exercise other rights determined by the legislation of Georgia.

11. A teacher shall be obliged to:

a) provide pupils with a good quality education;

b) strive for personal development of, and formation of, civic awareness in pupils;

c) strive for his/her professional development;

d) engage in the Teacher Pre-service, Professional Development and Career Advancement Scheme;

e) observe the Code of Professional Ethics for Teachers;

f) fulfil the obligations determined by the legislation of Georgia and a labour agreement;

g) provide a general education institution with information on his/her health status as provided for by the legislation of Georgia and a labour agreement.

12. A person convicted for premeditated crime, whose conviction has not been expunged, shall not be a teacher.

2. The remuneration of a teacher for a full working week shall not be less than a minimum salary of a civil servant determined by the legislation of Georgia.

3. A labour agreement between a general education institution and a teacher shall be concluded under the legislation of Georgia.

4. The remuneration of a teacher shall be increased in line with the increase of the school budget.

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 497 of 18 November 2008 - LHG I, No 33, 1.12.2008, Art. 211

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Chapter II1 – Profession of a teacher

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

 

Article 211 – (Deleted)

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 3068 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art. 187

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 5741 of 2 March 2012 - website, 5.3.2012

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 212 – Types of teaching positions and the Professional Standards for Teachers

1. There are the following types of positions of teachers:

a) a primary school teacher – a teacher teaching at least one subject at the primary educational level at a general education institution;

b) a basic/secondary school teacher – a teacher teaching at least one subject at the basic and secondary educational levels at a general education institution;

c) a specialised teacher – a teacher teaching all subjects within one subject group at basic and/or secondary educational levels at a general education institution;

d) a specialised teacher in arts or sports – a teacher teaching arts or sports as a separate subject/all subjects in arts or sports within a subject group at an appropriate educational level at a general education institution;

e) a special educational needs teacher – a teacher who teaches pupils with special educational needs at a primary educational level and facilitates their engagement in the educational process at a primary, basic or secondary educational level;

f) a specialised teacher in military subjects – a teacher in the military area determined by the School Curriculum who is not subject to the requirements for an induction programme and to the registration under the legislation of Georgia;

g) a multilingual teacher of a primary school – a teacher teaching one or more subjects in different languages at a primary educational level at a non-Georgian speaking general education institution/sector;

h) a multilingual teacher of basic/secondary school – a teacher teaching one or more subjects in various languages at basic and secondary educational levels at a non-Georgian speaking general education institution/sector;

2. Upon recommendation of the National Centre for Teacher Professional Development the Ministry of Education and Science of Georgia shall determine Professional Standards for Teachers that include professional standards for each type of teaching professions. The Professional Standards for specialised teachers in military subjects shall be determined in coordination with the Ministry of Defence of Georgia. All teachers of general education institutions must comply with the Professional Standards for Teachers.

3. At a general education institution, vocational training may be carried out by a vocational teacher who is a teacher of vocational education under the Law of Georgia on Vocational Education.

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 2940 of 20 April 2010 - LHG I, No 23, 4.5.2010, Art. 122

Law of Georgia No 3068 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art. 187

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 6448 of 12 June 2012 - website, 25.6.2012

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 213 – Teacher education

1. Teachers holding positions under Article 212(1)(a-c) of this Law must meet the requirements established by the Professional Standards for Teachers and one of the following requirements:

a) to have a Master of Education or an equivalent academic degree awarded after completion of an integrated teacher bachelor's and master’s education training programme or a master’s education programme (with indication of the right to teach a subject/subjects relevant to a general education level);

b) to have at least a bachelor's or an equivalent academic degree in a subject/group of subjects under the National Curriculum, and must have completed a teacher education training programme as determined by the legislation of Georgia;

c) to have the right to teach according to the higher education document, and must have passed an appropriate examination defined by the legislation of Georgia;

d) to have a Doctor’s academic degree in an appropriate subject under the National Curriculum or in an area of education, or an equivalent academic degree, and must have completed an appropriate teacher training and professional development education programme.

2. Teachers holding positions under Article 212(1)(b and c) of this Law, who teach at schools carrying out special educational programmes for children with developmental delays (with a deficit in cognitive functions and adaptive behaviour), sensory impairment (with hearing and visual impairments), behavioural and emotional disorders (with repetitive and persistent manifestation of asocial, aggressive behaviour and disobedience, which are not the accompanying symptoms of a psychotic state, mood swings or other diseases), must fulfil the requirements determined by paragraph 1 of this article and must have completed an appropriate teacher training and professional development education programme in special pedagogy as determined by the legislation of Georgia.

3. A teacher holding a position under Article 212(1)(e) of this Law must meet the requirements established by the Professional Standards for Teachers and one of the following requirements:

a) to have a Master of Education or an equivalent academic degree awarded after completion of an integrated teacher bachelor's and master’s education training programme or a master’s education programme (with indication of the right to teach a subject/subjects relevant to a general education level) and must have completed a Master’s programme in special education;

b) to have at least a bachelor's or an equivalent academic degree in a subject/group of subjects under the National Curriculum, and must have completed a Master’s programme in special education;

c) to have the right to teach according to the higher education document, and must have passed an appropriate examination defined by the legislation of Georgia;

d) to have a Doctor’s academic degree in an appropriate subject under the National Curriculum or in an area of education, or an equivalent academic degree, and must have completed a Master’s programme in special education.

4. A teacher determined by Article 212(1)(d) of this Law must meet the requirements set forth by the Professional Standards for Teachers; in addition, a specialised teacher in arts or sports of a basic/secondary educational level must have:

a) a complete general education;

b) an appropriate education in arts or higher sports education, and/or professional sports education, and must have undergone a teacher education training programme under the procedure established by the legislation of Georgia.

5. A teacher determined by Article 212(1)(f) of this Law must meet the requirements set forth by the Professional Standards for Teachers; in addition, a specialised teacher in military subjects must have:

a) a complete general education;

b) an appropriate military education and must have undergone a teacher training programme as provided for by the legislation of Georgia.

6. Teachers holding positions under Article 212(1)(g and h) of this Law must speak in two languages, and one of them must be Georgian. Further, they must meet the requirements established by the Professional Standards for Teachers and one of the following requirements:

a) to have a Master of Education or an equivalent academic degree awarded after completion of an integrated teacher bachelor's and master’s education training programme or a master’s education programme (with indication of the right to teach a subject/subjects relevant to a general education level);

b) to have at least a bachelor's or an equivalent academic degree in a subject/group of subjects under the National Curriculum, and must have completed a school practice education programme as determined by the legislation of Georgia;

c) to have the right to teach according to the higher education document, and must have completed a school practice education programme as determined by the legislation of Georgia;

d) to have a Doctor’s academic degree in an appropriate subject under the National Curriculum, or an equivalent academic degree.

7. (Deleted – 27.11.2015, No 4583).

8. The Ministry of Defence of Georgia shall have the right to define additional qualification requirements for specialised teachers in military subjects.

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 3068 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art. 187

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 5741 of 2 March 2012 - website, 5.3.2012

Law of Georgia No 6448 of 12 June 2012 - website, 25.6.2012

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

Law of Georgia No 4583 of 27 November 2015 - website, 10.12.2015

Law of Georgia No 4619 of 11 December 2015 - website, 22.12.2015

 

Article 214 – Beginning teachers

1. A person, who registers at the National Centre for Teacher Professional Development in the prescribed manner and meets the requirements determined by the legislation of Georgia, may acquire the right to teacher induction.

2. The National Centre for Teacher Professional Development shall register only those persons who meet the qualification requirements determined by this Law.

3. A general education institution shall have the right to pay wages to beginning teachers during the induction period.

4. Beginning teachers shall enjoy all rights and benefits determined by this Law except for the rights to receive a minimum amount of remuneration for teaching and to participate in the elections of the Board of Trustees of a public school as provided for by this Law.

5. A person may work at school as a beginning teacher for not more than two years, except for the cases determined by paragraph 7 of this article.

6. After the completion of the induction period a school principal shall submit a document on compliance of a beginning teacher with the Professional Standards for Teachers and the Code of Professional Ethics for Teachers to the National Centre for Teacher Professional Development in the prescribed manner. The document may include one of the following decisions:

a) the beginning teacher has successfully completed the induction period according to the established procedures;

b) the beginning teacher has failed to complete the induction period according to the established procedures.

7. If a vacant position at a general education institution has not been occupied as provided for by the legislation of Georgia, a person who fails to meet the requirements for the education of a teacher under the legislation of Georgia, but has undergone a teacher training programme, shall have the right to teach at a general education institution for a definite period before filling the vacant position.

8. The timeframe for granting the right to teach to a beginning teacher, specified in paragraph 7 of this article, shall be determined by the National Centre for Teacher Professional Development as provided for by the Ministry of Education and Science of Georgia.

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 497 of 18 November 2008 - LHG I, No 33, 1.12.2008, Art. 211

Law of Georgia No 2940 of 20 April 2010 - LHG I, No 23, 4.5.2010, Art. 122

Law of Georgia No 5741 of 2 March 2012 - website, 5.3.2012

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 215 – (Deleted)

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 497 of 18 November 2008 - LHG I, No 33, 1.12.2008, Art. 211

Law of Georgia No 2940 of 20 April 2010 - LHG I, No 23, 4.5.2010, Art. 122

Law of Georgia No 5513 of 20 December 2011 - website, 28.12.2011

Law of Georgia No 918 of 6 August 2014 - website, 20.8.2013

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 216 – (Deleted)

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 2940 of 20 April 2010 - LHG I, No 23, 4.5.2010, Art. 122

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 217 – Teacher pre-service, professional development and career advancement

1. Teacher pre-service, professional development and career advancement shall be carried out according to the Teacher Pre-service, Professional Development and Career Advancement Scheme approved by the Government of Georgia under this Law.

2. The Teacher Pre-service, Professional Development and Career Advancement Scheme must treat teachers equally irrespective of their race, colour, language, sex, religion, political and other opinion, national, ethnic and social belonging, origin, material and social status and place of residence.

3. The Teacher Pre-service, Professional Development and Career Advancement Scheme is intended to train qualified personnel, to raise teacher competence, to ensure teacher professional development, improve the quality oflearning and teaching in order to improve pupil results.

4. In order to achieve the objectives specified by paragraph 3 of this article the Teacher Pre-service, Professional Development and Career Advancement Scheme shall determine:

a) the procedures for pre-service teachers;

b) the procedures for public school teaching job announcements and competitions;

c) teacher assessment criteria and the procedures for keeping an electronic system for teacher assessment;

d) other issues related to the teacher pre-service, professional development and career advancement.

5. The Government of Georgia shall establish a state commission and approve its statute. The state commission shall:

a) determine an assessment procedure for teachers and submit it to the Government of Georgia for approval;

b) determine the procedure for placement of teachers within the Teacher Pre-service, Professional Development and Career Advancement Scheme and submit it to the Government of Georgia for approval;

c) determine the procedure for granting a status to active teachers under the Teacher Pre-service, Professional Development and Career Advancement Scheme and submit it to the Government of Georgia for approval;

d) determine the ways and means necessary for granting a status under the Teacher Pre-service, Professional Development and Career Advancement Scheme and submit it to the Government of Georgia for approval;

e) determine the list of actions and activities necessary for granting a status under the Teacher Pre-service, Professional Development and Career Advancement Scheme and submit it to the Government of Georgia for approval;

f) determine the list of supplemental activities of teachers for earning the credit points and submit it to the Government of Georgia for approval;

g) determine the procedure of calculating weighted credit points, the principle of distributing weighted credit points and the rule of calculating the credit points, and submit it to the Government of Georgia for approval;

h) determine the credit points according to the teacher assessment criteria and submit it to the Government of Georgia for approval;

i) determine the timeframes for earning credit points and submit it to the Government of Georgia for approval.

6. The professional development and career advancement of teachers may be financed by:

a) funds of general education institutions, including income from school vouchers;

b) appropriate target programme funds approved by the Ministry of Education and Science of Georgia;

c) teachers themselves (self-financing);

d) donors;

e) other funds allowed by the legislation of Georgia.

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 2940 of 20 April 2010 - LHG I, No 23, 4.5.2010, Art. 122

Law of Georgia No 4322 of 9 March 2011 - website, 22.3.2011

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 218 – Accreditation of teacher training and professional development programmes

1. Teacher training and professional development programmes may be implemented by natural and legal entities registered under the legislation of Georgia, while training and professional development programmes for specialised teachers in military subjects may also be implemented by an appropriate office of the Ministry of Defence of Georgia.

2. Teacher training and professional development programmes, including higher educational programmes, shall be accredited by the Legal Entity under Public Law (LEPL) National Centre for Educational Quality Enhancement ('the National Centre for Educational Quality Enhancement').

3. The procedure and the fee for accreditation of teacher training and professional development programmes shall be approved by the Minister of Education and Science of Georgia on the proposal of the National Centre for Educational Quality Enhancement and in agreement with the National Centre for Teacher Professional Development.

4. The number of credit points for a programme shall also be included in the decision on accreditation of the teacher training and professional development programme.

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 2079 of 17 November 2009 - LHG I, No 38, 1.12.2009, Art. 282

Law of Georgia No 2940 of 20 April 2010 - LHG I, No 23, 4.5.2010, Art. 122

Law of Georgia No 3068 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art. 187

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

 

Chapter III – General Education Funding

 

Article 22 - State funding of general education

1. The State shall ensure the acquisition of a complete general education. The state funding of the education of a pupil at a general education institution shall last for 12 years.

2. Studies at a general education institution shall be funded by the State through an appropriate school voucher compatible with fiscal standards per pupil.

3. The State shall finance the education of a pupil from the State Budget of Georgia through an appropriate school voucher compatible with fiscal standards per pupil. The amounts of standard and increased school vouchers shall be determined in accordance with the maximum study load for achieving an educational level under the National Curriculum, taking into consideration the financial capabilities of the pupils under different conditions, observing the principles of equality for ensuring the right to receive an education. The money remaining from the school voucher after covering the current expenses of a general education institution may be used to cover the capital costs of the same institution.

4. Every parent shall have the right to receive a school voucher for financing the education of his/her child of school age that may be allocated to an institution determined by paragraph 2 of this article. The State shall continue funding if a pupil opts for another institution determined by the same paragraph.

5. Capital costs of a public school shall be paid by the State, by local self-government bodies and/or by the public school.

6. On the basis of an individual administrative act by the Minister of Education and Science of Georgia a public school shall have the right to receive additional funding from the State Budget of Georgia in the form of an increased school voucher and/or within an appropriate target programme approved by the Ministry of Education and Science of Georgia.

61. The Ministry of Education and Science of Georgia shall pay the expenses of mentoring services, general education for pupils, living conditions, medical care and food at public boarding schools established by the Minister of Education and Science of Georgia as the legal entities under public law.

62. The Ministry of Education, Culture and Sports of the Autonomous Republic of Adjara shall pay the expenses of mentoring services, living conditions, medical care and food at public boarding schools located in the territory of the Autonomous Republic of Adjara.

7. The funding determined by this article shall apply to citizens of Georgia, the persons having neutral ID cards, neutral travel documents or temporary ID cards, aliens (including the citizens of foreign countries with the status of compatriot living abroad), stateless persons and persons with refugee or humanitarian status.

[7. The funding under this article shall apply to citizens of Georgia, persons having neutral ID cards, neutral travel documents or temporary ID cards, foreign citizens (including citizens of other states having the status of compatriot residing abroad), stateless persons, and persons with international protection. (Shall become effective from 1 February 2017)]

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 4129 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 372

Law of Georgia No 3440 of 16 July 2010 - LHG I, No 42, 22.7.2010, Art. 264

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

Law of Georgia No 4041 of 15 December 2010 - LHG I, No 75, 27.12.2010, Art. 465

Law of Georgia No 4488 of 5 April 2011 - website, 15.4.2011

Law of Georgia No 5000 of 1 July 2011 - website, 15.7.2011

Law of Georgia No 5305 of 24 November 2011 - website, 8.12.2011

The decision №2/3/540 of the Constitutional Court of Georgia of 12 September 2014 - website, 29.9.2014

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

Law of Georgia No 3091 of 19 February 2015 - website, 26.2.2015

Law of Georgia No 44 of 1 December 2016 – website, 15.12.2016

 

Article 221 – (Deleted)

Law of Georgia No 2958 of 20 April 2010 - LHG I, No 23, 4.5.2010, Art. 132

Law of Georgia No 5305 of 24 November 2011 - website, 8.12.2011

Law of Georgia No 6301 of 25 May 2012 - website, 12.6.2012

The decision №2/3/540 of the Constitutional Court of Georgia of 12 September 2014 - website, 29.9.2014

Law of Georgia No 3091 of 19 February 2015 - website, 26.2.2015

 

Article 23 - Funding supplemental educational and mentoring services

1. If after 12 years of schooling at a general education institution a pupil fails to achieve a basic educational level defined by the National or Modified Curriculum, a Board of Trustees shall request an appropriate local self-government body to continue funding the pupil's studies. The funding shall last until the pupil achieves a basic educational level. In this case a public school shall be obliged to offer a pupil alternative ways of acquiring education.

2. If a pupil fails to achieve an average level of general education after 3 years of studies, based on the pupil's application, a Board of Trustees shall have the right to request an appropriate local self-government body to continue funding the pupil's studies. A local self-government body shall be entitled to choose any statutory form of continuing studies.

3. Based on the request of a Board of Trustees, a local self-government body and the Ministry of Education, Culture and sports of the Autonomous Republic of Adjara in the territory of the Autonomous Republic of Adjara may pay the expenses of supplemental educational and mentoring services. The State, the Autonomous Republic of Adjara and the local self-government may finance special target educational programmes.

Law of Georgia No 4488 of 5 April 2011 - website, 15.4.2011

 

Chapter IV – Management of the General Education System

 

Article 24 - Authority of the Parliament of Georgia in the field of general education

The Parliament of Georgia shall:

a) determine the state policy and basic focus areas of management, and develop legislative acts in the field of general education;

b) approve the Document of National Goals for General Education, adopted by the Government of Georgia, within one month after their submission;

c) periodically hear a report of the Minister of Education and Science of Georgia on implementation of the state policy, financial activities and fulfilment of national and regional programmes in the field of general education.

 

Article 25 - Authority of the Government of Georgia in the field of general education

1. The Government of Georgia shall implement the state policy in the field of general education.

2. The Government of Georgia shall:

a) adopt the Document of National Goals for General Education within one month after the submission by the Ministry of Education and Science of Georgia and submit it to the Parliament of Georgia for approval;

b) approve the fiscal standards and respective amounts of standard and increased school vouchers per pupil on the proposal of the Ministry of Education and Science, the Ministry of Economy and Sustainable Development and the Ministry of Finance of Georgia;

c) determine the fees of expedited issuance and issuance of duplicates of state documents certifying general education;

d) approve the Teacher Pre-service, Professional Development and Career Advancement Scheme on the proposal of the Ministry of Education and Science of Georgia.

3. (Deleted – 20.4.2010, No 2940).

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 2940 of 20 April 2010 - LHG I, No 23, 4.5.2010, Art. 122

Law of Georgia No 4469 of 22 March 2011 - website, 1.4.2011

Law of Georgia No 6428 of 5 June 2012 - website, 5.6.2012

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 26 - Authority of the Ministry of Education and Science of Georgia in the field of general education

1. On the basis of the legislation of Georgia in the field of general education, in particular the Constitution of Georgia, the Constitutional Agreement, international agreements and treaties of Georgia, this Law, other laws and secondary legislation, the Ministry of Education and Science of Georgia shall:

a) implement a unified state policy in the field of general education;

b) develop the Document of National Goals for General Education and submit it to the Government of Georgia;

c) develop a basic document identifying the indicators of educational system;

d) develop and approve the statutes of the LEPL National Centre for Teacher Professional Development, the LEPL Office of the Resource Officers of Educational Institutions, the LEPL Education and Science Infrastructure Development Agency and the LEPL Education Management Information System;

d1) approve the members and the statute of a Multidisciplinary Team;

d2) nominate a candidate for appointment to the position of the Director of the LEPL Education and Science Infrastructure Development Agency to the Prime Minister;

d3) appoint and dismiss the Head of the LEPL Education Management Information System;

d4) approve the statute of the Group of Experts;

e) appoint and dismiss the Director of the LEPL National Centre for Teacher Professional Development in coordination with the Prime Minister of Georgia;

e1) appoint and dismiss the Head of the LEPL Office of the Resource Officers of Educational Institutions;

e2) approve the Code of Ethics for Resource Officers of Educational Institutions;

e3) approve the fees for contractual services rendered by the LEPL Office of the Resource Officers of Educational Institutions;

f) develop and approve the National Curriculum, and facilitate its implementation and piloting;

f1) approve the National Qualifications Framework in the field of general education;

f2) develop educational and mentoring plans and other programmes for pre-school educational institutions and facilitate their implementation;

[f 2 ) (Deleted – 8.6.2016, No 5367); (Shall become effective from 1 April 2017)]

f3) approve the programmes of school leaving examinations;

f4) conduct various research works to facilitate development of general education;

g) (Deleted - 21.7.2010, No 3530);

h) (Deleted - 21.7.2010, No 3530);

i) approve the provisions and fees of authorisation of educational institutions and accreditation of educational programmes for educational institutions;

j) determine construction standards for the premises of general education institutions in coordination with an appropriate Ministry and agencies;

k) determine the procedure for issuing and transferring a school voucher in coordination with the Ministry of Finance of Georgia;

l) take the measures necessary for acquisition of education by all pupils, including pupils with special educational needs and pupils expelled from school; develop provisions for certifying external education; develop provisions for moving pupils from one general education institution to another general education institution; develop provisions for alternative ways to acquire education; develop the procedures for introducing, developing and monitoring inclusive education, as well as the mechanisms for identifying pupils with special educational needs;

m) establish a legal entity under public law and approve its statute in order to obtain the status of a general education institution, and shall be entitled to reorganise and liquidate it. The Ministry shall carry out the measures determined by this paragraph upon the recommendation of the Ministry of Education of an appropriate autonomous republic within the Autonomous Republics of Abkhazia and Adjara;

m1) establish a non-entrepreneurial (non-commercial) legal entity under private law in order to obtain the status of a general education institution;

n) organise a competitive selection for a public school principal and nominate the candidate/candidates of a public school principal to the Board of Trustees of the public school;

n1) organise the first elections of the Board of Trustees at a newly established and/or reorganised public school and appoint an acting school principal before electing the school principal as provided for by the legislation of Georgia;

o) (Deleted - 9.3.2011, No 4321);

p) be entitled to dismiss a Board of Trustees of a public school without notice, if the Board unlawfully dismisses the school principal, which is confirmed by an appropriate court decision entered into force;

q) (Deleted - 21.7.2010, No 3530);

r) approve the procedures and fees for the recognition of a complete general education or a general education acquired during the study process abroad, and the validation of the authenticity of an educational document issued in Georgia;

r1) approve the mobility procedures of pupils at general education institutions;

s) approve the national assessment schedule;

s1) approve the procedure for holding a National Educational Olympiad. The Ministry of Education and Science of Georgia shall have the right to determine the procedures and timeframes for submitting and reviewing administrative complaints related to a National Educational Olympiad in place of the procedures and timeframes determined by the General Administrative Code of Georgia;

s2) approve the procedure for school branding. The Ministry of Education and Science of Georgia shall have the right to determine the procedures and timeframes for submitting and reviewing administrative complaints related to school branding in place of the procedures and timeframes determined by the General Administrative Code of Georgia;

s3) approve the procedures and conditions for holding school leaving examinations. The Ministry of Education and Science of Georgia shall have the right to determine the procedures and timeframes for submitting and reviewing administrative complaints related to school leaving examinations in place of the procedures and timeframes determined by the General Administrative Code of Georgia;

s4) approve the fees for contractual services rendered by the LEPL Education Management Information System;

s5) approve the Procedures for the Enrolment of Pupils in General Education Institutions and the Suspension of their Status;

s6) approve the fees for contractual services rendered by the LEPL Education and Science Infrastructure Development Agency;

t) cooperate with international organisations, foreign countries and their general education institutions in the field of quality inspection and assurance;

u) approve the procedures and fees of approving textbooks for general education institutions;

v) ensure state control of public schools and be responsible to observe the legislation of Georgia in the field of general education. For this purpose the Ministry shall be authorised to perform financial inspection of schools as provided for by the legislation of Georgia;

w) establish out-of-school education institutions as non-entrepreneurial (non-commercial) legal entities under public or private law;

x) establish the LEPL National Centre for Educational Quality Enhancement in order to organise authorisation and/or accreditation of educational institutions, including general education institutions;

x1) establish the LEPL Education and Science Infrastructure Development Agency;

x2) establish the LEPL Education Management Information System;

x3) establish the LEPL/LEPLs National Centre/Centres for Teacher Professional Development;

y) determine the procedures for holding a selection competition for a public school principal and teachers and the procedures and conditions for electing and terminating the term of office of members of the Board of Trustees. The Ministry of Education and Science of Georgia shall have the right to determine the timeframes and procedures for submitting and reviewing administrative complaints regarding a selection competition for public school principals instead of the timeframes and procedures determined by the General Administrative Code of Georgia;

y1) upon the recommendation of the LEPL National Centre for Teacher Professional Development approve:

y1.a) (Deleted – 28.11.2014, No 2822);

y1.b) Professional Standards for Teachers;

y1.c) (Deleted – 28.11.2014, No 2822);

y1.d) the Code of Professional Ethics for Teachers;

y1.e) (Deleted – 11.7.2009, No 1385);

y1.f) the procedure for registering for and completing an induction period, as well as the form and procedure for issuing a document certifying the completion of an induction period;

y1.g) (Deleted – 28.11.2014, No 2822);

y1.h) (Deleted – 28.11.2014, No 2822);

y1.i) the Code of Conduct for Pupils;

y1.j) the Code of Ethics for School Principals;

y2) approve the procedures for granting the status of successful teacher and awarding him/her;

z) appoint a member of a public school Board of Trustees (except for the schools established by the Ministry of Defence of Georgia) from the staff list of the central office or the territorial bodies of the Ministry of Education and Science of Georgia; appoint a member of a public school Board of Trustees in the territories of the Autonomous Republics of Abkhazia and Adjara upon the recommendation of appropriate ministries in the field of education from the staff lists of the central offices or the territorial bodies of the ministries;

za) determine the minimum and maximum numbers of academic days at public schools during a year, and the minimum and maximum duration of holidays; also it shall be authorised to determine the time of ending of the academic year and the time and duration of holidays, and shall determine exceptional cases;

za1) approve the form of a class attendance register book at general education institutions;

zb) (Deleted – 17.3.2006, No 2793);

zc) determine the procedure for the registration of public school principles and members of the elective bodies;

zd) determine the minimum amount and conditions of remuneration for public school teachers in coordination with trade unions, and approve the obligatory terms of labour agreements concluded with school teachers;

zd1) (Deleted – 28.11.2014, No 2822);

ze) plan activities in coordination with trade unions for upgrading teachers' qualifications;

zf) approve provisions and fees for accreditation of teacher training and professional development programmes upon the recommendation of the LEPL National Centre for Educational Quality Enhancement and in agreement with the LEPL National Centre for Teacher Professional Development;

zg) approve the form of a state document certifying general education and the procedure for issuing a state document certifying general education in agreement with the Ministry of Justice of Georgia;

zg1) number the public schools and lay down the procedure for naming them;

zg2) have the right to introduce grants and scholarships for encouraging highly talented pupils;

zg3) determine the procedure for registering personal data of pupils;

zg4) (Deleted – 2.3.2007, No 4412);

zg5) determine the list of necessary documents to be submitted for the admission of pupils to general education institutions;

zg6) exercise other powers granted by the Legislation of Georgia;

zg7) approve the rule of disciplinary proceedings for teachers;

zg8) be authorised to set the amount of the fee for services rendered by the legal entities under public law operating within the system of the Ministry of Education and Science of Georgia;

zg9) be authorised to establish in relation to the exams defined by the normative acts of the Minister of Education and Science of Georgia such time limits and procedure for filing and considering a complaint that are different from the ones provided for by the General Administrative Code of Georgia.

2. In order to exercise the powers determined by paragraph 1 of this article the Ministry of Education and Science of Georgia shall establish, transform and abolish its own territorial bodies throughout the territory of Georgia, approve their statutes, appoint and dismiss the heads and the deputy heads of these bodies as provided for by the Law of Georgia on the Structure, Powers and Order of Activity of the Government of Georgia. The territorial bodies of the Ministry of Education and Science of Georgia shall be financed from the State Budget.

3. (Deleted – 9.3.2011, No 4321).

4. Paragraph 1(n, n1 and s5) of this article shall not apply to general education institutions carrying out military training and education programmes, while the functions determined by paragraph 1(p, s5, v and y) of this article shall be performed at general education institutions by the Ministry of Defence of Georgia.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 3986 of 14 December 2006 - LHG I, No 48, 22.12.2006, Art. 353

Law of Georgia No 4129 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 372

Law of Georgia No 4530 of 28 March 2007 - LHG I, No 15, 23.4.2007, Art. 119

Law of Georgia No 497 of 18 November 2008 - LHG I, No 33, 1.12.2008, Art. 211

Law of Georgia No 790 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 257

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 2079 of 17 November 2009 - LHG I, No 38, 1.12.2009, Art. 282

Law of Georgia No 2940 of 20 April 2010 - LHG I, No 23, 4.5.2010, Art. 122

Law of Georgia No 3068 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art. 187

Law of Georgia No 3292 of 2 July 2010 - LHG I, No 37, 14.7.2010, Art. 223

Law of Georgia No 3442 of 16 July 2010 - LHG I, No 44, 28.7.2010, Art. 273

Law of Georgia No 3544 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 291

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

Law of Georgia No 4044 of 15 December 2010 - LHG I, No 75, 27.12.2010, Art. 466

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 4204 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 4321 of 9 March 2011 - website, 22.3.2011

Law of Georgia No 4734 of 3 June 2013 - website, 22.6.2011

Law of Georgia No 5349 of 25 November 2011 - website, 6.12.2011

Law of Georgia No 5511 of 20 December 2011 - website, 28.12.2011

Law of Georgia No 5513 of 20 December 2011 - website, 28.12.2011

Law of Georgia No 5666 of 28 December 2011 - website, 12.1.2012

Law of Georgia No 5741 of 2 March 2012 - website, 5.3.2012

Law of Georgia No 6428 of 5 June 2012 - website, 25.6.2012

Law of Georgia No 348 of 20 March 2013 - website, 28.3.2013

Law of Georgia No 918 of 6 August 2013 - website, 20.8.2013

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

Law of Georgia No 3819 of 27 June 2015 - website, 3.7.2015

Law of Georgia No 5420 of 10 June 2016 - website, 17.6.2016

Law of Georgia No 5367 of 8 June 2016 - website, 24.6.2016

 

Article 27 - Authority of the Ministries of Georgia in the field of general education

1. In order to obtain the status of a general education institution, which provides specialised arts and sports training and education along with general education programmes, the Ministry of Education and Science of Georgia shall establish a legal entity under public law upon the recommendation of an appropriate line ministry. The Ministry of Education and Science of Georgia may define different requirements of authorisation/accreditation for these institutions. The specialised arts and sports training and education beyond the National Curriculum, including at primary and basic educational levels, shall be financed by an appropriate line ministry and/or local self-government body.

11. In order to obtain the status of a general education institution, which provides specialised arts and sports training and education along with general education programmes, the Ministry of Education and Science, the Ministry of Culture and Monument Protection and the Ministry of Sport and Youth Affairs of Georgia may jointly establish a non-entrepreneurial (non-commercial) legal entity under private law.

12. In order to obtain the status of a general education institution, which provides specialised military training and education along with general education programmes, the Ministry of Defence of Georgia shall establish a legal entity under public law and shall carry out its state control. The institution shall:

a) undergo authorisation as provided for by the Minister of Education and Science of Georgia;

b) be financed from the allocations of the Ministry of Defence of Georgia under Article 22 of this Law.

13. The Ministry of Defence of Georgia shall:

a) develop and ensure implementation of a specialised military training and education programme for the institutions determined by paragraph 12 of this article;

b) appoint a director and/or a military head and specialised teachers in military subjects at the institutions determined by paragraph 12 of this article, who may be either military servants or civilians.

2. The military, specialised arts and sports training and education programmes beyond the National Curriculum shall be implemented under the supervision of a line ministry as provided for by the legislation of Georgia.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 3986 of 14 December 2006 - LHG I, No 48, 22.12.2006, Art. 353

Law of Georgia No 3068 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art. 187

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

 

Article 28 - (Deleted)

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 4734 of 3 June 2013 - website, 22.6.2011

Law of Georgia No 5349 of 25 November 2011 - website, 6.12.2011

 

Article 281 – National Centre for Teacher Professional Development

1. The National Centre for Teacher Professional Development is a legal entity under public law, the state control of which is performed by the Ministry of Education and Science of Georgia.

2. Functions of the LEPL National Centre for Teacher Professional Development are to:

a) register teacher personal data as provided for by the legislation of Georgia;

b) develop Professional Standards for Teachers;

c) develop a Code of Professional Ethics for Teachers in coordination with the teachers' associations and organisations;

d) register vacant positions of teachers and beginning teachers at general education institutions;

e) develop the procedures for registering beginning teachers and completing an induction period;

f) (Deleted – 28.11.2014, No 2822);

g) develop the Teacher Pre-service, Professional Development and Career Advancement Scheme;

h) participate in and agree on drawing up the provisions for accreditation of teacher training and professional development education programmes;

i) (Deleted – 11.7.2009, No 1385);

j) participate in teacher professional development and career advancement as provided for by the legislation of Georgia;

k) (Deleted – 28.11.2014, No 2822);

l) develop the Code of Conduct for Pupils and the Code of Ethics for School Principals ;

m) exercise other powers determined by the legislation of Georgia, including by this Law.

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 2940 of 20 April 2010 - LHG I, No 23, 4.5.2010, Art. 122

Law of Georgia No 3292 of 2 July 2010 - LHG I, No 37, 14.7.2010, Art. 223

Law of Georgia No 918 of 6 August 2013 - website, 20.8.2013

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 282 – Education and Science Infrastructure Development Agency

1. The Education and Science Infrastructure Development Agency is a legal entity under public law, the state control of which is performed by the Ministry of Education and Science of Georgia.

2. Functions of the LEPL Education and Science Infrastructure Development Agency are to:

a) rehabilitate, build and supply with inventory and equipment educational and scientific institutions within the Ministry of Education and Science of Georgia;

b) exercise other powers determined by the statute of the LEPL Education and Science Infrastructure Development Agency.

Law of Georgia No 4321 of 9 March 2011 - website, 22.3.2011

Law of Georgia No 5511 of 20 December 2011 - website, 28.12.2011

 

Article 283 – Education Management Information System

1. The Ministry of Education and Science of Georgia shall establish a Legal Entity under Public Law (LEPL) the Education Management Information System within the Ministry of Education and Science of Georgia ('LEPL Education Management Information System'). Overall management and state control of the activities of the LEPL Education Management Information System shall be carried out by the Ministry of Education and Science of Georgia.

2. Functions of the LEPL Education Management Information System are to:

a) develop the information technology infrastructure;

b) access modern information and communication technologies;

c) register public school principals and members of the Board of Trustees as provided for by the legislation of Georgia;

d) register pupils personal data and keep the registry of out-of-school education institutions as provided for by the legislation of Georgia;

e) keep the registry of general education institutions, in particular to register public school principals, acting deputy principals in case of failure of the school principals to perform their official duties, other persons acting as school principals and members of the Board of Trustees as provided for by the Ministry of Education and Science of Georgia;

f) keep the registry of higher educational institutions, in particular to register heads and administrative heads of higher educational institutions established by the State; also to register speakers of the Representative Council of the LEPL Higher Educational Institution as provided for by the Ministry of Education and Science of Georgia;

g) organise and control circulation of the documents of strict accounting;

h) register persons deprived of the right to work in pedagogical and educational institutions on the basis of a court judgement of conviction entered into force and/or the legislation of Georgia;

i) facilitate proper functioning of the Ministry by introducing modern information and communication technologies in the operation of the Ministry of Education and Science of Georgia;

j) plan surveys of the outcomes of processes ongoing in the field of education and science, including the projects and programmes implemented by the Ministry of Education and Science of Georgia;

k) research directly or through third parties the outcomes of processes ongoing in the field of education and science, including the projects and programmes implemented by the Ministry of Education and Science of Georgia;

l) develop basic indicators for the educational system;

m) train and re-train interested persons as provided for by the legislation of Georgia;

n) carry out vocational education programmes, as well as general educational, Georgian language and liberal education training programmes;

o) exercise other powers determined by the statute of the Education Management Information System.

3. The Head of the Education Management Information System shall be appointed and dismissed by the Minister of Education and Science of Georgia.

4. The Head of the Education Management Information System shall manage the activities of the Education Management Information System, shall be responsible for fulfilling the objectives of the Education Management Information System and shall exercise other powers determined by the statute of the Education Management Information System.

Law of Georgia No 5511 of 20 December 2011 - website, 28.12.2011

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 29 - Authority of the ministries of education of the Autonomous Republics of Abkhazia and Adjara in the field of general education

1. In the territory of a respective autonomous republic the Ministry of Education of the Autonomous Republic of Abkhazia and the Ministry of Education of the Autonomous Republic of Adjara shall:

a) be a major managing body in the general educational system that implements state policy in the field of general education;

b) ensure observance of the legislation of Georgia in the field of general education;

c) organise implementation of the National Curriculum;

d) ensure compliance of all general education institutions with the standards laid down by the Ministry of Education and Science of Georgia as provided for by the statute of the Ministry of Education and Science of Georgia;

e) (Deleted – 17.3.2006, No 2793);

f) assess general education institutions as provided for by the Ministry of Education and Science of Georgia;

g) submit the statutes of general education, out-of-school education and mentoring institutions to the Ministry of Education and Science of Georgia for approval;

g1) establish out-of-school mentoring institutions as non-entrepreneurial (non-commercial) legal entities under private law;

h) keep the registry of general education institutions; register public school principals, acting principals in case of failure of the school principals to perform their official duties, the members of the Board of Trustees, and forward the data for registration to the Education Management Information System as provided for by this Law and the secondary legislation in the field of general education. The data shall enter into force upon registration at the Education Management Information System;

i) finance general education as provided for by this Law;

j) hold a competitive selection for public school principals;

j1) permit a school principal to enjoy his/her leave of absence and, within its discretionary authority, make a decision on discontinuing his/her leave;

j2) nominate a candidate as a member of a public school Board of Trustees to be appointed by the Ministry of Education and Science of Georgia; submit a proposal to the Ministry of Education and Science of Georgia on his/her withdrawal from the membership of the Board of Trustees;

k) be entitled to dismiss the Board of Trustees of a public school without notice, if the Board unlawfully dismisses the school principal, which is confirmed by an appropriate court decision entered into force;

l) (Deleted - 21.7.2010, No 3530);

m) request documents and information or conduct an on-site study of the observance of the legislation of Georgia by a public school;

n) (Deleted - 27.12.2006, No 4129);

o) (Deleted - 27.12.2006, No 4129);

p) accept annual performance reports for the last year on public schools regarding observance of the legislation of Georgia, the study process and the financial operations as provided for by the Ministry of Education and Science of Georgia;

q) exercise other powers determined by the legislation of Georgia, including by this Law.

2. In order to exercise the powers determined by paragraph 1 of this article the Ministries of Education of the Autonomous Republics of Abkhazia and Adjara shall have the right to establish, transform and abolish their territorial bodies throughout the territory of the respective autonomous republic, as well as to approve the statutes, to appoint and dismiss the heads and deputy heads of these bodies.

3. If the existence of the Ministry of education is not determined by the legislation of Georgia and respective autonomous republic on the Autonomous Republics of Abkhazia and Adjara, the powers determined by paragraphs 1 and 2 of this article shall be exercised by the Ministry of Education and Science of Georgia as provided for by this Law.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 3986 of 14 December 2006 - LHG I, No 48, 22.12.2006, Art. 353

Law of Georgia No 4129 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 372

Law of Georgia No 497 of 18 November 2008 - LHG I, No 33, 1.12.2008, Art. 211

Law of Georgia No 790 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 257

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

Law of Georgia No 4044 of 15 December 2010 - LHG I, No 75, 27.12.2010, Art. 466

Law of Georgia No 4734 of 3 June 2011 - website, 22.6.2011

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 30 - Authority of local self-government bodies in the field of general education

Local self-government bodies shall:

a) support schools to effectively perform the activities set forth by this Law and for this purpose take measures determined by the legislation, also determine the amount of additional financial resources to be allocated from the local budget for accomplishing the School Curriculum;

b) facilitate implementation of educational and mentoring programmes beyond the National Curriculum at public schools as provided for by the School Curriculum;

c) provide pupils with coordinated social and medical services;

d) take measures to ensure acquisition of a general education by the pupils expelled from schools;

e) take measures to ensure acquisition of a general education by the pupils who are unable to attend lessons due to illness or any other reasonable cause;

f) provide transportation of pupils to schools in the cases determined by the legislation;

g) take measures determined by the legislation to ensure school attendance by pupils;

h) have the right to request any information related to the disposal of funds allocated from the local budget;

i) under subparagraph (a) of this article, in the case of financial infringement, submit a proposal to the school Board of Trustees raising a question on the termination of powers of the school principal; in the case of inaction of the Board of Trustees a local-self government body shall have the right to submit a proposal to the Ministry of Education and Science of Georgia regarding the dissolution of the school Board of Trustees and/or early termination of powers of the school principal;

j) appoint a member of the Board of Trustees of a school located on its territory;

j1) establish mentoring, out-of-school educational, out-of-school educational and mentoring, as well as out-of-school mentoring institutions for preschool children as non-entrepreneurial (non-commercial) legal entities under private law;

[j 1 ) establish out-of-school educational, out-of-school educational and mentoring, and out-of-school mentoring institutions as non-entrepreneurial (non-commercial) legal entities under private law; (Shall become effective from 1 April 2017)]

k) exercise other powers determined by the legislation of Georgia, including by this Law.

Law of Georgia No 3986 of 14 December 2006 - LHG I, No 48, 22.12.2006, Art. 353

Law of Georgia No 5951 of 19 March 2008 - LHG I, No 8, 28.3.2008, Art. 54

Law of Georgia No 5367 of 8 June 2016 - website, 24.6.2016

 

Chapter V – Legal Grounds for the Operation of General Education Institutions

 

Article 31 - Organisational and legal form of general education institutions

1. A general education institution/a school is a legal entity under public law established under the Law of Georgia on Legal Entities under Public Law or an entrepreneurial or non-entrepreneurial legal entity under private law.

11. A legal entity under private law shall be authorised to carry out general educational activities without establishing another independent legal entity as provided for by the legislation of Georgia.

2. A general education institution shall provide general education at primary and/or basic and/or secondary educational levels.

3. (Deleted – 21.7.2010, No 3530).

4. (Deleted – 21.7.2010, No 3530).

5. (Deleted – 21.7.2010, No 3530).

6. Appropriate provisions of Chapters I, II, II1, III, IV, V and XII of this Law shall apply to private schools.

7. (Deleted – 21.7.2010, No 3530).

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 4530 of 28 March 2007 - LHG I, No 15, 23.4.2007, Art. 119

Law of Georgia No 2380 of 18 December 2009 - LHG I, No 48, 29.12.2009, Art. 365

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

 

Article 32 - Authorisation and accreditation of general education institutions

1. Authorization is the procedure of acquiring the status of a general education institution in order to meet the standards necessary to perform appropriate activities for issuing an educational document recognised by the State.

2. Accreditation is the procedure of determining compliance of the educational programmes of general education institutions with accreditation standards in order to introduce a systematic self-assessment of the institutions and facilitate the development of quality assurance mechanisms for education quality improvement.

3. General education institutions may voluntarily obtain accreditation.

4. The Ministry of Education and Science of Georgia shall establish the National Centre for Educational Quality Enhancement to ensure authorisation and accreditation.

5. The National Centre for Educational Quality Enhancement shall carry out authorisation and accreditation of general education institutions and monitor fulfilment of the authorisation/accreditation requirements; in the case of violation of the requirements the Centre shall have the right to request the Authorisation Council for General Education Institutions/the Accreditation Council for Educational Programmes to annul the authorisation/accreditation.

6. The Authorisation Council for General Education Institutions ('the Authorisation Council') and the Accreditation Council for Educational Programmes ('the Accreditation Council') shall be formed within the National Centre for Educational Quality Enhancement.

61. In order to carry out authorisation of general education institutions, the National Centre for Educational Quality Enhancement shall form a Group of Experts for Authorisation of General Education Institutions, the procedure for formation and operation of which shall be determined by the Educational Institutions Authorisation Charter. The Authorisation Council shall make a decision on the authorisation on the basis of the authorisation documents and the opinion of the Group of Experts for Authorisation of General Education Institutions. Members of the Authorisation Council shall be appointed and dismissed by the Prime-Minister of Georgia upon recommendation of the Ministry of Education and Science of Georgia. Powers and rules of procedure of the Authorisation Council shall be determined by the Educational Institutions Authorisation Charter, which guarantees its functional independence from educational institutions and state bodies.

7. The Minister of Education and Science of Georgia shall determine the procedures, conditions and fees for authorisation and accreditation of a general education institution.

8. The State shall pay public school authorisation expenses.

9. The National Centre for Educational Quality Enhancement shall be obliged to provide legal assistance to general education institutions regarding authorisation and accreditation issues. The National Centre for Educational Quality Enhancement shall prepare annual recommendations regarding authorisation and accreditation issues.

10. If the authorisation of a general education institution is revoked, an educational programme completed by pupils of the institution before revocation shall be valid.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 4129 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 372

Law of Georgia No 4530 of 28 March 2007 - LHG I, No 15, 23.4.2007, Art. 119

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 3068 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art. 187

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

Law of Georgia No 348 of 20 March 2013 - website, 28.3.2013

Law of Georgia No 4785 of 19 February 2016 - website, 7.3.2016

 

Article 33 - Rights and obligations of a general education institution

1. A general education institution shall be obliged to:

a) provide pupils with an education that meets modern standards and is based on national and universal human values, a healthy lifestyle, and the principles of democracy and equality;

b) create all conditions required for the study process;

c) observe the National Curriculum determined for general education institutions;

d) carry out general education activities with approved textbooks, while in the absence of approved textbooks in any subject determined by the National Curriculum, with textbooks agreed with the Ministry of Education and Science of Georgia;

e) take healthcare measures in coordination with the Ministry of Labour, Health and Social Affairs of Georgia and local self-government bodies;

f) create opportunities to acquire general education in alternative ways considering the age peculiarities of pupils, by separating them from other pupils of a corresponding educational level;

g) determine benefits for pupils with disabilities in order to create necessary learning conditions for them;

h) prevent teaching of a non-scientific opinion or theory as a scientific theory or fact;

i) have a self-assessment system;

j) ensure the safety of pupils on school grounds during school time;

k) employ beginning teachers for public schools as provided for by the legislation of Georgia;

l) submit to the LEPL the National Centre for Teacher Professional Development the personal data of teachers employed by the general education institution and information on vacant positions of teachers and beginning teachers as provided for by the legislation of Georgia;

m) facilitate professional development of teachers within available resources, including through financing or co-financing their participation in professional training programmes.

2. A general education institution shall have the right to:

a) provide transportation of pupils, to the extent possible, who are unable to reach the institution and return home independently;

b) require teachers, other employees, pupils and parents of the institution to meet the requirements determined by the legislation of Georgia and by the statute of the institution;

c) create necessary conditions for inclusive education;

d) cooperate with other schools and social organisations for the purposes of this Law;

e) provide the existence of medical, including psychological assistance, and food facilities on school grounds for the purposes of health protection and comprehensive development of pupils;

f) provide pupils with a school library that is based on pluralism of opinions and ensures comprehensive development of pupils, awareness of the country's identity, national and universal human values and cultural diversity;

g) take measures to increase remuneration of teachers in accordance with the level of their professional development;

h) (Deleted - 21.7.2010, No 3530).

3. In agreement with the parents, a public school shall be entitled to offer paid extra educational services determined by the National Curriculum to pupils, if:

a) these services are not rendered to respective pupils by the teachers employed by the same school ;

b) the services are not rendered in a form of a lesson;

c) the services are not rendered to the pupils during the study process within the required study load determined by the School Curriculum.

4. A public school shall have the right to provide pupils with supplemental educational and mentoring services, including paid services that are not determined by the National Curriculum. A public school shall be obliged to ensure equal access to such services for all pupils of the institution.

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 4530 of 28 March 2007 - LHG I, No 15, 23.4.2007, Art. 119

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 2940 of 20 April 2010 - LHG I, No 23, 4.5.2010, Art. 122

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 4734 of 3 June 2011 - website, 22.6.2011

Law of Georgia No 5349 of 25 November 2011 - website, 6.12.2011

Law of Georgia No 918 of 6 August 2013 - website, 20.8.2013

 

Article 34 - Reorganisation and liquidation of a general education institution

1. A public school shall be reorganised or liquidated by its founder:

a) if the activities of the institution are anti-constitutional;

b) if optimisation of physical and/or human resources of the institution is required;

c) if the institution has basically transformed its activities into entrepreneurial activities;

d) (Deleted – 11.7.2009, No 1385);

e) in other cases determined by the legislation of Georgia.

2. A private school shall be reorganised and liquidated as provided for by the legislation of Georgia.

3. Public school reorganisation, which includes merger/acquisition of public schools or division/separation of one public school, and liquidation of public schools, shall result in termination of authority of the managing bodies of the reorganised and liquidated public schools. Before electing a school principal at a reorganised public school under the legislation of Georgia, the Minister of Education and Science of Georgia shall appoint an acting principal who shall be authorised to exercise the powers of the school Board of Trustees before its election, except for the cases determined by the Ministry of Education and Science of Georgia.

Law of Georgia No 4129 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 372

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

 

Chapter VI – Principles of Management for General Education Institutions

 

Article 35 - Responsibilities and structure

1. Within their authority a school principal, an appropriate structural unit and/or a member of the structural unit of a public school shall be responsible for the accomplishment of the National Curriculum, the legislation of Georgia in the field of general education and the individual administrative acts of the Ministry of Education and Science of Georgia, as well as for the educational- mentoring process and targeted expenditure of the funds by the school.

2. The structure of a general education institution shall include a Teacher Council, a Board of Trustees, the Administration, the Self-government of Pupils and a Disciplinary Committee. The statute may include existence of an Appellate Committee for the purpose of appealing decisions made by the Disciplinary Committee.

21. Each structural unit of a public school, determined by paragraph 2 of this article, shall be responsible for the decisions made within its authority.

3. Under the statute a general education institution that carries out:

a) specialised arts education and training programmes may have the position of an Art Director, the procedure for the election/appointment and the authority of whom shall be determined by this Law and the statute of the institution;

b) military education and training programmes may have the position of a Military Head, the procedure for appointment and the authority of whom shall be determined by this Law and the statute of the institution.

4. Public schools are managed on the basis of the principles of publicity and transparency.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 3068 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art. 187

 

Article 36 - Conflicts of interest

1. A member of a Board of Trustees may not be a member of the school Administration. A person may not be a member of a Board of Trustees as a parent of a pupil if he/she has labour relations with the same school.

2. Legal entities under private law carrying out general, higher and/or vocational education programmes may not use the immovable property of legal entities under public law which carry out these programmes.

21. Paragraph 2 of this article shall not apply to a legal entity under public law- an arts/sports higher education institution and a non-entrepreneurial (non-commercial) legal entity - a general education institution that carry out out-of-school arts/sports educational programmes under Article 11(5) of the Law of Georgia on Higher Education.

3. The other party to an agreement, except for labour agreements, concluded by public schools may not be a school principal, any other member of the Administration, a member of a Board of Trustees or a close relative of these persons. For the purposes of this Law the term 'close relative' means the person defined in Article 4(b) of the Law of Georgia on Conflicts of Interest and Corruption in Public Service.

[3. The other party to an agreement (except for a labour contract) concluded by a public school may not be the school principal, any other member of the Administration, a member of the Board of Trustees or a close relative of these persons. For the purposes of this Law, the term 'close relative' shall mean a person defined in Article 4(b) of the Law of Georgia on Conflicts of Interest and Corruption at Public Institutions. (Shall become effective from 1 July 2017)]

4. The consent from a Board of Trustees shall be required for entering into a labour agreement between the school principal and his/her close relative. A member of a Board of Trustees may not participate in the ballot, if he/she is a close relative of the second party to the agreement.

5. The members of a Board of Trustees, a Disciplinary Committee and an Appellate Committee may not be close relatives to each other. Exceptions may be made in small schools with the agreement of the Ministry of Education and Science of Georgia.

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 5609 of 14 December 2007 - LHG I, No 46, 24.12.2007, Art. 400

Law of Georgia No 497 of 18 November 2008 - LHG I, No 33, 1.12.2008, Art. 211

Law of Georgia No 2380 of 18 December 2009 - LHG I, No 48, 29.12.2009, Art. 365

Law of Georgia No 4356 of 27 October 2015 - website, 11.11.2015

Law of Georgia No 134 of 21 December 2016 – website, 28.12.2016

 

Chapter VII – Board of Trustees of a General Education Institution

 

Article 37 - Board of Trustees

1. A Board of Trustees shall comprise not less than six and not more than twelve representatives elected for a term of three years equally by the parents and the Teacher Council, one representative elected by the Self-government of Pupils of a secondary educational level and one member appointed by the Ministry of Education and Science of Georgia, and also one member appointed by the Ministry of Defence of Georgia at general education institutions carrying out military training and education programmes. A local self-government body shall be entitled to appoint one member of a Board of Trustees. One member of a Board of Trustees may also be elected by the Board of Trustees from confirmed benefactors of the school (if any). While determining the number of members of the Board of Trustees for small schools an exception may be made only with the agreement of the Ministry of Education and Science of Georgia. The members of a Board of Trustees elected from the parents must equally represent each educational level of the school. A member of a Board of Trustees may be elected only for two consecutive terms.

2. The number of members of a Board of Trustees elected from the parents and Teacher Council shall be determined by the school statute.

3. The Ministry of Education and Science of Georgia shall have the right to deputise its representative to a Board of Trustees who shall enjoy the right of deliberative vote.

4. The Ministry of Education and Science of Georgia and a local self-government body shall have the right to withdraw its representative from the Board of Trustees at any time.

5. A Board of Trustees is headed by a chairperson of the Board who shall convene and lead the Board meetings. The chairperson shall represent a school in relations with the school principal. The Board chairperson shall be interchangeably elected from the members of the Board, elected by the parents and the Teacher Council, and the representative of the executive body of the local self-government, for not more than their term of office. A member of the Board of Trustees who is a representative of the Self-government of Pupils may not be elected as a Board chairperson.

51. An extraordinary meeting of the Board of Trustees may be convened by not less than one third of the members on the list, or by a representative of the Ministry of Education and Science of Georgia appointed in the Board under Article 26(1)(z) of this Law. If the chairperson of the Board of Trustees fails to attend an extraordinary meeting the Board of Trustees shall be authorised to elect a chairperson of the meeting who will exercise the powers of the Board chairperson at the extraordinary meeting, by a majority of the members on the list.

6. In case of an equal number of votes the chairperson of the Board of Trustees shall cast the deciding vote.

7. A Board of Trustees meets at least three times an academic year, at the beginning of each term.

Law of Georgia No 5951 of 19 March 2008 - LHG I, No 8, 28.3.2008, Art. 54

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 3068 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art. 187

Law of Georgia No 3442 of 16 July 2010 - LHG I, No 44, 28.7.2010, Art. 273

 

Article 38 - Functions of a Board of Trustees

1. A Board of Trustees shall:

a) under Article 42 of this Law elect a school principal who is registered by the Ministry of Education and Science of Georgia by a majority of members on the list. This rule shall not apply to general education institutions that carry out military training and education programmes;

b) approve the school budget upon the recommendation of the school principal, and approve and ensure publicity of an annual report prepared by the school principal. The budget of general education institutions that carry out military training and education programmes shall be approved by the Ministry of Defence of Georgia, and the draft budget shall be prepared by the principal and the Board of Trustees of the institution;

c) upon the recommendation of the school principal approve the school internal regulations that comprehensively determine the list of disciplinary misconduct and disciplinary penalties, and the conditions for moving pupils from schools;

d) agree on the School Curriculum, the teaching materials, including the list of approved textbooks selected by teachers for using during the school year that are prepared by the Teacher Council;

e) control the expenditure of the funds and disposal of the property by the Administration;

f) have the right to terminate labour relations with the school principal in case of violation of the requirements under the labour agreement and the legislation of Georgia;

g) store and register the ballots and protocols of the election of the representatives of Parents and Teacher Councils in the Board of Trustees;

h) review complaints and take appropriate measures as provided for by the statute of the school;

i) have the right to assign a school principal to apply to the LEPL National Assessment and Examinations Centre in order to hold school leaving examinations in accordance with the National Curriculum;

 

j) have the right to request a school principal to terminate labour relations with a teacher in case of violation of the labour agreement, improper mentoring activities and in other cases as determined by law;

k) under the statute of the school elect a Disciplinary Committee that is comprised of an equal number of teachers, parents and pupils of a secondary educational level for reviewing disciplinary misconduct. A Board of Trustees shall be authorised to review complaints of decisions of the Disciplinary Committee or establish an Appellate Committee as provided for by the statute. The Appellate Committee, the Board of Trustees shall also review complaints of the decisions of the school principal taken regarding the disciplinary misconduct. The special membership of the Disciplinary Committee or the Appellate Committee shall not be convened for reviewing a certain case;

l) agree on a draft statute of the school submitted by the school principal.

2. A Board of Trustees shall make decisions determined by paragraph 1(a,b,c,d,j,l) of this article by a majority of the members on the list, while decisions determined by paragraph 1(f) of this article shall be made by two thirds of the members on the list.

3. Paragraphs 1(a,b) (except for the functions related to the annual report and the second sentence of the sub-paragraph (b)) and 1(f) of this article shall not apply to the general education institutions that carry out military training and education programmes.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 4530 of 28 March 2007 - LHG I, No 15, 23.4.2007, Art. 119

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 3068 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art. 187

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 4734 of 3 June 2011 - website, 22.6.2011

Law of Georgia No 5349 of 25 November 2011 - website, 6.12.2011

Law of Georgia No 918 of 6 August 2013 - website, 20.8.2013

 

Article 39 - Procedure for the election of a Board of Trustees

1. An equal number of representatives of the Parents and the Teacher Council and of the Self-government of Pupils of a secondary educational level shall be elected to a Board of Trustees.

2. The procedure for the election of a Board of Trustees shall be determined by the Ministry of Education and Science of Georgia. Elections shall be held on the basis of equality, by secret ballot, under the principles of transparency and equal representation of parents of pupils according to their educational levels.

3. The Ministry of Education and Science of Georgia shall have the right to determine procedures and timeframes for submitting and reviewing administrative complaints regarding the election of a Board of Trustees other than the procedures and timeframes determined by the General Administrative Code of Georgia. The decisions of the Ministry of Education and Science of Georgia regarding the elections of the Board of Trustees shall be appealed to court and such appeal shall not suspend the disputed acts.

4. The results of the election of a Board of Trustees shall enter into force after their registration according to procedures determined by the Ministry of Education and Science of Georgia.

Law of Georgia No 4129 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 372

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

 

Article 40 - Termination of the authority of membership on a Board of Trustees and the Board of Trustees

1. The authority of a member of the Board of Trustees shall be terminated, if:

a) a Teacher Council terminates the authority of the member of the Board of Trustees as the representative of the Council on the Board;

b) the labour relations of the member of the Board of Trustees, who is the representative of the Teacher Council in the Board, are terminated;

c) a pupil, whose representative was a member of the Board of Trustees, has been expelled from school or has moved to another educational level;

d) the status of a pupil has been suspended for such pupil whose representative is a member of the Board of Trustees;

e) required by one third of the parents of the pupils at an appropriate educational level under the principle: 'one vote for one pupil';

f) the member of the Board of Trustees has died;

g) the member of the Board of Trustees resigns from the membership on the Board;

h) a judgement of conviction has entered into force against a member of the Board of Trustees;

i) a court declares a member of the Board of Trustees missing or dead, or recognised him/her as a beneficiary of support, unless otherwise determined under court decision;

j) labour relations have been originated between the member of the Board of Trustees, as the parent of the pupil, and the public school;

k) the member of the Board of Trustees becomes a member of the Administration.

2. The position of a dismissed member of the Board of Trustees shall be occupied for the remaining period by a parent and/or a member of the Teacher Council who has obtained more votes than other candidates in the elections, but whose votes were not enough for the election to the Board.

3. The authority of the Board of Trustees shall be terminated:

a) in case of reorganisation of public schools which includes merger/acquisition of public schools or division/separation of one school;

b) by the decision of the Ministry of Education and Science of Georgia in the cases determined by Article 26(1)(p) of this Law;

c) by the decision of the Ministry of Education and Science of Georgia, if the Board of Trustees fails to fulfil its obligations imposed under the legislation of Georgia.

4. A Board of Trustees shall be obliged to submit documents, identifying the grounds determined by paragraph 1 of this article, to the Education Management Information System. The authority of a member of the Board of Trustees shall be terminated upon registration of the above documents by the Education Management Information System. The documents shall be registered within 30 days after submission. The documents shall be considered registered, unless the Education Management Information System notifies the school on detected violations within 30 calendar days after submission.

5. If the grounds determined by paragraph 1(c) of this article become void the authority of a member of the Board of Trustees whose authority has been terminated, shall be restored.

Law of Georgia No 4129 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 372

Law of Georgia No 497 of 18 November 2008 - LHG I, No 33, 1.12.2008, Art. 211

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 4321 of 9 March 2011 - website, 22.3.2011

Law of Georgia No 5511 of 20 December 2011 - website, 28.12.2011

Law of Georgia No 5513 of 20 December 2011 - website, 28.12.2011

Law of Georgia No 3372 of 20 March 2015 - website, 31.3.2015

 

Chapter VIII – Administration of a General Education Institution

 

Article 41 - Administration

1. A school Administration shall comprise the school principal, his/her deputy/deputies and the accountants.

2. A school principal elected or appointed under this Law may be a citizen of Georgia, who has higher education and three years of working experience and meets requirements determined by the legislation of Georgia. A school principal shall be elected/appointed for a term of six years. A school principal may be elected/appointed at the same school only for two consecutive terms.

21. At the institutions determined by Article 27(12) of this Law:

a) a school principal may be a military service member who is appointed and dismissed by the Minister of Defence of Georgia. The rights and obligations of a school principal laid down by Chapter VIII of this Law shall not apply to this principal except for the functions determined by Article 43 of that Chapter;

b) the appointment and dismissal of a school principal, a deputy principal, including a deputy principal who is an acting principal, or in case of absence of the position of a deputy principal - of any employee of the school who may perform the duties of the school principal if the school principal/the acting principal fails to perform his/her official duties, shall be registered in the Education Management Information System.

3. A school principal/an acting school principal shall appoint a deputy principal, or in case of absence of the position of an acting principal - any employee of the school who shall perform the duties of the school principal if the school principal/the acting principal fails to perform his/her official duties, and shall submit this information to the Education Management Information System for registration.

4. If the authority of a school principal is terminated or a school principal fails to perform his/her official duties within 60 school days the Minister of Education and Science of Georgia shall be authorised to appoint and dismiss an acting school principal. Before appointment of an acting school principal the duties of the school principal shall be performed by a person registered in the Education Management Information System as provided for by paragraph 3 of this article.

41. The election of a school principal or the appointment of a school principal/acting school principal shall cause early termination of the authority of the school deputy principal/deputy principals.

5. The position of a school principal shall be incompatible with any other paid work at the same school. As an exception, a school principal may perform teaching activities as provided for by law, if he/she has the right to perform teaching activities under the legislation of Georgia.

6. An Arts Director of a general education institution that carries out specialised art education and training programmes, may exercise the powers of a school principal.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 497 of 18 November 2008 - LHG I, No 33, 1.12.2008, Art. 211

Law of Georgia No 3068 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art. 187

Law of Georgia No 3442 of 16 July 2010 - LHG I, No 44, 28.7.2010, Art. 273

Law of Georgia No 4321 of 9 March 2011 - website, 22.3.2011

Law of Georgia No 4488 of 5 April 2011 - website, 15.4.2011

Law of Georgia No 4791 of 17 June 2011 - website, 28.6.2011

Law of Georgia No 5511 of 20 December 2011 - website, 28.12.2011

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 42 - The procedure for election of a school principal

1. The Ministry of Education and Science of Georgia shall select a candidate for the position of a school principal according to the procedure determined by the Ministry, on the basis of an open competition and in compliance with the principles of transparency, equity and fair competition.

11. The Ministry of Education and Science of Georgia shall have the right to fix a fee for participation in the competition in order to organise the competition for the election of a public school principal.

2. A Board of Trustees shall elect a school principal by a majority of members on the list, by secret ballot and through free and equal elections from candidates who have participated in the competition and are nominated by the Ministry of Education and Science of Georgia.

21. Disputed acts related to a competition for selection of a school principal shall be appealed to court which shall not suspend the disputed acts.

3. If a candidate for the school principal is a member of the Board of Trustees he/she may not participate in the ballot.

4. A Board of Trustees shall submit the protocols of school principal elections and the certified copies of the ordinances of the Board of Trustees to the Education Management Information System for registration. The results of the elections shall enter into force after registration of the above documents by the Education Management Information System. The decision of the Education Management Information System on the registration of a school principal may be appealed to court, which shall not suspend the disputed act.

5. A Board of Trustees shall conclude a labour agreement with an elected principal, registered by the Education Management Information System, according to contractual conditions approved by the Ministry of Education and Science of Georgia.

6. If a Board of Trustees fails to elect a principal under the election procedures for the public school principals, the Ministry of Education and Science of Georgia shall be authorised to appoint a school principal within its discretionary powers. The decision of the Ministry of Education and Science of Georgia appointing a school principal may be appealed to court, which shall not suspend the disputed act.

7. (Deleted – 5.4.2011, No 4488).

Law of Georgia No 4129 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 372

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 790 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 257

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 3442 of 16 July 2010 - LHG I, No 44, 28.7.2010, Art. 273

Law of Georgia No 4321 of 9 March 2011 - website, 22.3.2011

Law of Georgia No 4488 of 5 April 2011 - website, 15.4.2011

Law of Georgia No 5511 of 20 December 2011 - website, 28.12.2011

 

Article 43 - Functions of a school principal

1. A school principal shall:

a) manage the school;

b) represent the school in relations with third parties, except for the cases determined by this Law and the statute of the school;

c) submit internal regulations and budget of the school to a Board of Trustees for approval;

d) draw up a staff list of the school;

e) participate in drawing up the School Curriculum by a Teacher Council;

f) conclude and fulfil agreements with teachers and other school personnel according to the conditions and procedures approved by the Ministry of Education and Science of Georgia;

g) have the right to terminate a labour agreement with a school teacher before its expiration, in case of violation of the contractual conditions, any improper conduct for teaching activities or incompetence proved in accordance with the legislation;

g1) have the right to terminate a labour agreement with a teacher who is a member of a Board of Trustees, only with the consent of the Board of Trustees;

g1) take a leave of absence with the consent of an appropriate territorial body of the Ministry of Education and Science of Georgia; in the territory of the Autonomous Republics of Abkhazia and Adjara a school principal may take a leave with the consent of an appropriate Ministry in the field of education. An appropriate territorial body of the Ministry of Education and Science of Georgia shall have a discretionary power to discontinue a leave of absence of a school principal; an appropriate Ministry in the field of education shall have a discretionary power to discontinue a leave of absence of a school principal in the territory of the Autonomous Republics of Abkhazia and Adjara. A principal of a school carrying out military training and education may take a leave of absence with the consent of the Ministry of Defence of Georgia and his/her leave may be discontinued by the Ministry of Defence of Georgia within its discretionary power;

h) submit to the Board of Trustees a report on the study process before 10th of December of every year and a financial report within the timeframes determined by the legislation of Georgia;

i) be authorised to conclude agreements, including agreements regarding school property, except for transactions that require the consent of the Board of Trustees or a controlling body of the school under the statute of the school or the legislation of Georgia;

j) review complaints and take appropriate measures as provided for by the statute of the school;

k) supervise the study and mentoring processes at the school;

l) develop a draft statute of the school and submit it to the Board of Trustees for approval; also submit the agreed draft statute of the school to the Ministry of Education and Science for approval;

m) upon assignment by the Board of Trustees, apply to and enter into an agreement with the LEPL National Assessment and Examinations Centre in order to organise school leaving examinations in accordance with the National Curriculum;

m1) perform the functions of the managing bodies of a public school before establishing the first Board of Trustees of a newly founded and/or reorganised public school;

m2) perform the functions of the Board of Trustees of a public school in case of dismissal of, termination of authority of, or failure to elect the Board of Trustees and also upon the failure to exercise its authority by the Board of Trustees under the legislation of Georgia;

n) perform other functions determined by the legislation of Georgia and the statute of the school.

2. A school principal shall issue individual legal acts as provided for by the legislation of Georgia and the statute of the school.

3. A school principal may exercise the powers determined by this article in coordination with a Military Head or an Art Director, respectively under the statutes of general education institutions, which carry out military or specialised arts training and educational programmes.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 4129 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 372

Law of Georgia No 4530 of 28 March 2007 - LHG I, No 15, 23.4.2007, Art. 119

Law of Georgia No 497 of 18 November 2008 - LHG I, No 33, 1.12.2008, Art. 211

Law of Georgia No 3068 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art. 187

Law of Georgia No 3442 of 16 July 2010 - LHG I, No 44, 28.7.2010, Art. 273

Law of Georgia No 4044 of 15 December 2010 - LHG I, No 75, 27.12.2010, Art. 466

Law of Georgia No 387 of 22 March 2013 - website, 2.4.2013

Law of Georgia No 918 of 6 August 2013 - website, 20.8.2013

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 44 - Termination of authority of a school principal

1. The powers of a public school principal shall be terminated by an appropriately authorised body in the cases and according to the procedure determined by the legislation of Georgia and/or the labour agreement. Under the legislation of Georgia the powers of a public school principal may also be terminated upon reaching retirement age. The grounds and procedures for termination of powers (including termination of a labour agreement) of a public school principal may not differ for school principals elected and appointed under the legislation of Georgia.

2. The powers of a school principal shall be terminated after registration of the respective decision by the Education Management Information System.

3. Before the election of a school principal or the appointment of a school principal by the Ministry of Education and Science of Georgia, the functions of the school principal shall be performed by an acting school principal appointed by the Ministry of Education and Science of Georgia.

4. Before the appointment of a school principal at general education institutions that carry out military training and educational programmes, the functions of the school principal shall be performed by a person determined by an individual legal act of the Minister of Defence of Georgia.

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 3068 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art. 187

Law of Georgia No 3442 of 16 July 2010 - LHG I, No 44, 28.7.2010, Art. 273

Law of Georgia No 4321 of 9 March 2011 - website, 22.3.2011

Law of Georgia No 4488 of 5 April 2011 - website, 15.4.2011

Law of Georgia No 5511 of 20 December 2011 - website, 28.12.2011

 

Chapter IX – Teacher Council of a General Education Institution

 

Article 45 - Teacher Council

1. All teachers and beginning teachers in a Teacher Council shall enjoy equal rights to vote. A meeting of the Teacher Council shall be authorised, if attended by more than half of the members of the Council.

2. One third of the members of the Teacher Council shall have the right to convene a meeting of the Teacher Council, to require a hearing of its representative to the Board of Trustees.

3. A Teacher Council is headed by a chairperson of the Teacher Council who shall be elected for a term of three years by a majority of members on the list. The chairperson of the Teacher Council shall convene and lead the meetings of the Teacher Council.

4. Individual working groups shall be formed within a Teacher Council regarding issues within its authority, which perform the instructions of the Council and are accountable to the Council.

5. A teacher Council shall make decisions by a majority of votes, with not less than one third of the total votes.

6. At general education institutions that carry out specialised arts educational and training programmes, the powers of a Teacher Council may be exercised by an Arts Council. The Arts Council is headed by a head of the Arts Council who shall be elected/appointed in accordance with the procedure determined by statute.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

 

Article 46 - Functions of a Teacher Council

A Teacher Council shall:

a) together with a school principal develop a School Curriculum and approve it in coordination with the Board of Trustees as provided for by the National Curriculum;

a1) approve an Individual Curriculum in coordination with the school principal, if necessary;

b) in coordination with the Board of Trustees approve the teaching materials, including a list of approved textbooks selected by the teachers for use during the school year according to educational levels and subjects;

b1) elect a facilitator for the professional development of a teacher;

c) elect its representatives to the Board of Trustees;

d) be authorised to re-elect its representative to the Board of Trustees ahead of time.

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 4734 of 3 June 2011 - website, 22.6.2011

Law of Georgia No 5349 of 25 November 2011 - website, 6.12.2011

Law of Georgia No 4619 of 11 December 2015 - website, 22.12.2015

 

Chapter X – Self-government of Pupils of General Education Institutions

 

Article 47 - Self-government of Pupils

1. A Self-government of Pupils is a body elected under this Law and the statute of a school and represents the structural unit of the school.

2. Pupils at basic and secondary educational levels shall elect their self-government bodies.

3. The elections of the Self-government of Pupils shall be held on the basis of equality, by secret ballot, under the principles of transparency and equal representation of pupils according to their grades.

4. A Self-government of Pupils is headed by a chairperson elected by the Self-government.

 

Article 48 - Functions of the Self-government of Pupils

The Self-government of Pupils shall:

a) develop recommendations regarding internal regulations of a school;

b) be authorised to submit suggestions to a Board of Trustees regarding all important issues for the school;

c) elect its representative to the Board of Trustees;

d) participate in the disposal of grants obtained as provided for by the statute of the school and the legislation of Georgia;

e) establish school clubs upon the initiative of one-fifth of its members.

 

Chapter X1 – Resource Officers of Educational Institutions, the Office of Resource Officers of Educational Institutions

Law of Georgia No 3544 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 291

Law of Georgia No 4204 of 22 February 2011 - website, 10.3.2011

 

Article 481 – Resource officers of educational institutions, the Office of Resource Officers of Educational Institutions

1. The Ministry of Education and Science of Georgia shall establish a Legal Entity under Public Law (LEPL) Office of Resource Officers of Educational Institutions within the Ministry of Education and Science of Georgia ('the Office of Resource Officers of Educational Institutions') with the objectives to:

a) ensure public order at legal entities under public law - general education institutions;

b) ensure public order at the entrepreneurial and non-entrepreneurial (non-commercial) legal entities under private law - educational institutions on the basis of agreements;

c) ensure public order at legal entities under public law within the Ministry of Education and Science of Georgia on the basis of agreements.

2. General management and control over the activities of the Office of Resource Officers of Educational Institutions shall be carried out by the Minister of Education and Science of Georgia.

3. A legally competent citizen of Georgia with a clean criminal record, who has attained the age of 20, has a complete general education, knows the official language, has an adequate status of health to perform the official duties and has passed a training programme approved by the Ministry of Education and Science of Georgia that, in addition to other components, includes the regularities of development of pupils by age and the professional obligations and values of the resource officers of educational institutions, may be appointed as a resource officer of an educational institution.

31. A school principal in coordination with a Board of Trustees shall appoint and dismiss resource officers of educational institutions within legal entities under public law - general education institutions.

4. Resource officers of educational institutions shall wear uniforms when performing their official duties. The uniform of the Resource officers of educational institutions shall be approved by the Ministry of Education and Science of Georgia.

Law of Georgia No 3544 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 291

Law of Georgia No 4204 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 5349 of 25 November 2011 - website, 6.12.2011

Law of Georgia No 173 of 27 December 2012 - website, 8.1.2013

 

Article 482 – Head of the Office of Resource Officers of Educational Institutions

1. A head of the Office of Resource Officers of Educational Institutions shall be appointed and dismissed by the Minister of Education and Science of Georgia.

2. A person with a higher education shall be appointed as a head of the Office of Resource Officers of Educational Institutions.

3. A head of the Office of Resource Officers of Educational Institutions shall:

a) manage the activities of the Office of Resource Officers of Educational Institutions, be responsible for the fulfilment of the objectives of the Office of Resource Officers of Educational Institutions;

b) ensure timely and proper performance of the instructions of the Minister of Education and Science of Georgia;

c) give appropriate instructions to resource officers of educational institutions regarding performance of their official duties;

d) submit to the Minister of Education and Science of Georgia recommendations and statistical reports on the performance of the resource officers;

e) exercise other powers determined by the statute of the Office of Resource Officers of Educational Institutions.

Law of Georgia No 3544 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 291

Law of Georgia No 4204 of 22 February 2011 - website, 10.3.2011

 

Article 483 – Rights and obligations of the resource officers of educational institutions

1. Rights and obligations of the resource officers of educational institutions are to:

a) monitor an educational institution and its adjacent territory;

b) prevent offences committed and identified at an educational institution and/or its adjacent territory, and notify appropriate law enforcement bodies in this regard;

c) communicate, conduct individual interviews with and monitor the conduct of pupils/students with social behavioural difficulties upon the request of a Board of Trustees, a Teacher Council, an Administration, teachers, a school principal or academic personnel of the educational institution;

d) provide the pupils/students with information on civil defence, traffic safety, administrative offences and criminal offences and their consequences;

e) inform parents of pupils/students and appropriately authorised persons of the educational institution regarding the conduct of pupils/students with social behavioural difficulties;

f) protect and facilitate evacuation of pupils/students, the personnel and other persons staying in general education institutions in case of emergency (fire, flood, earthquake, etc.);

g) mediate confrontations between pupils/students; identify conflict situations and resolve them;

h) participate in meetings with the parents of pupils/students with social behavioural difficulties;

i) ensure order and discipline in the territory of an educational institution independently or together with the Administration of the educational institution;

j) prepare a violation report of general education institutions according to forms approved by the Ministry of Education and Science of Georgia on offences identified in a general education institution, and submit the report to an authorised person of the educational institution and to a head of the Office of Resource Officers of Educational Institutions;

k) create an electronic data-base of the violations identified in a general education institution;

l) perform personal search in order to find and seize instruments of disciplinary misconduct, items affected by the disciplinary misconduct, as well as items or valuables acquired by the disciplinary misconduct and items and documents necessary to investigate the circumstances of the disciplinary misconduct;

m) use special means in the cases directly determined by the legislation of Georgia.

2. Upon invitation, resource officers of educational institutions shall attend meetings of the structural units of the educational institution and express their opinions regarding the issues within their authority.

Law of Georgia No 3544 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 291

Law of Georgia No 4204 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 173 of 27 December 2012 - website, 8.1.2013

 

Article 484 – Legal protection of resource officers of educational institutions

1. During the performance of official duties, resource officers of educational institutions shall be protected by law. During the performance of official duties the legal requirements of resource officers are binding on all pupils.

2. No one shall have the right to interfere with the official activities of resource officers of educational institutions except as provided for by law.

3. Impeding, infringing honour and dignity, resisting, threatening, demonstrating violence and infringing upon the life, health or property of a resource officer of an educational institution while he/she is performing his/her official duties shall result in liabilities provided for by the legislation of Georgia.

4. Resource officers of educational institutions shall perform their official duties as provided for by the legislation of Georgia.

5. Resource officers of educational institutions shall have the right to apply to a court in order to defend their rights and freedoms.

Law of Georgia No 3544 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 291

Law of Georgia No 4204 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 173 of 27 December 2012 - website, 8.1.2013

 

Article 485 – Social protection of resource officers of educational institutions

1. Resource officers of educational institutions shall be subject to compulsory state insurance.

2. The damage inflicted on a resource officer of an educational institution when performing his/her official duties shall be fully compensated from the State Budget of Georgia as provided for by the legislation of Georgia.

3. If a resource officer of an educational institution dies while performing his/her official duties a lump sum of not more than GEL 15 000 shall be allocated from the State Budget of Georgia to the resource officer's family (heirs). Burial expenses of a resource officer of an educational insinuation shall be covered by the State.

4. If a resource officer of an educational institution is maimed and/or becomes disabled while performing his/her official duties, he/she shall be granted a lump sum of not more than GEL 7 000 based on the degree of severity of the injury as provided for by the legislation of Georgia.

5. Pension benefits shall be paid to resource officers of educational institutions under the legislation of Georgia.

6. Additional measures and benefits of social protection, which are not prescribed by this Law, may be determined for resource officers of educational institutions within the funds allocated from the State Budget of Georgia as provided for by the legislation of Georgia.

Law of Georgia No 3544 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 291

Law of Georgia No 4204 of 22 February 2011 - website, 10.3.2011

 

Article 486 – Cases and procedures for the use of physical force and special means by resource officers of educational institutions

1. A resource officer of an educational institution shall have the right to use physical force and special means only if he/she is unable to perform official duties by the application of less severe measures. The list of special means to be used by a resource officer of an educational institution shall be approved by the Minister of Education and Science of Georgia.

2. Under paragraph 1 of this article a resource officer of an educational institution shall have the right to use physical force and special means to:

a) prevent an offence and arrest an offender;

b) repel an attack on a person at an educational institution and its adjacent territory;

c) prevent resistance in performing his/her official duties;

d) hand an arrested person over to the police in case of reasonable belief that he/she may hide or harm others.

3. Before using physical force and special means a resource officer of an educational institution must:

a) warn a person regarding the use of physical force and special means and give him/her a reasonable period of time to fulfil the requirements of the resource officer, unless the delay may put the life and health of the resource officer or any other person in danger or cause other severe consequences, or if advance warning is impossible;

b) use physical force and special means in proportion to the nature of the danger in order to inflict minimum damage;

c) in any case, notify in writing the Ministry of Education and Science of Georgia through the Head of the Office of Resource Officers of Educational Institutions within 24 hours after using physical force or special means;

d) not put life and health of others in danger.

4. The physical force and special means may not be used against pregnant women and persons with disabilities, unless their activities pose an obvious danger to the life and health of a resource officer of an educational institution or other persons.

Law of Georgia No 3544 of 21 July 2010 - LHG I, No 46, 4.8.2010, Art. 291

Law of Georgia No 4204 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 173 of 27 December 2012 - website, 8.1.2013

 

Chapter X2 – Referral of Minors

Law of Georgia No 5666 of 28 December 2011 - website, 12.1.2012

 

Article 487 – Procedure for referral of minors

1. Referral ('referral') (engagement of minors in various cultural and educational activities, or application of other measures against them, their transfer to other schools or boarding schools) shall be carried out for a definite term in the best interests of the minor, against minors with anti-social behaviour who have attained the age of 12 but will not attain the age of 18 within six months after the application to a Council of Experts.

2. Anti-social behaviour poses a threat to psychological and social development of minors, to their safety or the safety of others, to the welfare or legal order and is systematically observed for not less than six months, unless a minor commits a serious or especially serious crime.

3. In special cases, a minor who has attained the age of 10 may be referred for an act determined by the Criminal Code of Georgia, the commission of which by a person who has attained the age of criminal responsibility, would lead to criminal liability of that person.

4. A referral shall not apply to a minor who has committed an illegal or guilty act determined by the Criminal Code of Georgia, and by the time of commission of the act has attained the age of criminal responsibility set forth by the Criminal Code of Georgia.

5. Decisions on a referral of minors shall be made by a Group of Experts within the Ministry of Education and Science of Georgia that comprises social workers, lawyers, teachers and psychologists. The chairperson and the members of the Group of Experts shall be appointed by the Minister of Education and Science of Georgia.

6. A school, a resource officer, a parent/legal representative of a minor, a prosecutor, a district inspector and a social worker shall have the right to apply to the Group of Experts regarding the referral of a minor. The application must include the description of conduct of the minor and accompanying documents confirming that conduct (if any).

7. Before reviewing the issue of referral a social worker shall conduct a bio-psycho-social assessment of the minor with the assistance of members of the Group of Experts.

8. The Group of Experts shall review and resolve the issue of referral upon the application of an authorised person as provided for by this Law and the statute of the Group of Experts. The statute of the Group of Experts shall be approved by the Minister of Education and Science of Georgia.

9. When reviewing the issue of referral the Group of Experts shall hear an author of the application, a minor (based on his/her interests), his/her parent/legal representative and a social worker. If necessary, the Group of Experts may decide to hear other persons.

10. After reviewing the issue of advisability of referral of a minor the Group of Experts shall make a decision considering the circumstances that were identified during the review process. The results of the bio-psycho-social assessment of a minor must be taken into consideration when making a decision.

11. The Group of Experts may make a decision on:

a) the inadvisability of referral of a minor;

b) the referral of a minor (including transfer of a minor to a boarding school). In this case the decision shall indicate which measure of referral (including transfer to a boarding school) shall be applied and the conditions for application of that measure;

c) transferring a minor to a boarding school (filing a motion in court).

12. The Group of Experts shall decide (to file a motion) to transfer a minor to a boarding school only if other measures are not sufficient for the re-socialisation of the minor. A minor shall be transferred to a boarding school until the end of the following school term.

13. A motion regarding the transfer of a minor to a boarding school shall be accepted only if the parent/legal representative of the minor refuses his/her transfer to the boarding school.

14. The Group of Experts shall decide to transfer a minor to a boarding school without application to a court:

a) upon the written consent of the parent/legal representative of the minor;

b) if the minor has committed a serious or especially serious crime.

15. In the cases determined by paragraph 11(a,b) (except for transferring minors to a boarding school) and paragraph 14(a) of this article a decision made by a Group of Experts shall not be appealed.

16. The author of the application for referral of a minor and his/her parent/legal representative (unless he/she is the author of the application) shall be notified of the decision of the Group of Experts.

Law of Georgia No 5666 of 28 December 2011 - website, 12.1.2012

 

Article 488 – Execution of a decision on referral of a minor

1. A decision to refer a minor shall be executed by the parent/legal representative of the minor and an authorised person of an appropriate institution, if necessary, within the timeframes determined by the decision. In case of violation of the timeframes the decision shall be executed by a social worker upon application of the Group of Experts.

2. If a social worker is prevented from executing a decision to transfer a minor to a boarding school he/she shall have the right to apply to the police in order to execute the decision.

3. If the persons determined by paragraph 1 of this article fail to execute a decision referring a minor (except for the transfer to a boarding school) they shall be subject to a penalty in the amount of GEL 300.

4. Any repetition of the act determined by paragraph 3 of this article may result in a penalty in the amount of GEL 500.

5. In the case of an administrative offence determined by paragraphs 3 and 4 of this article a person authorised by the Group of Experts shall draw up a protocol on the administrative offence, and a court shall review the case and render a decision regarding a penalty as provided for by the Code of Administrative Offences of Georgia.

6. In the cases determined by paragraph 4 of this article the Group of Experts shall have the right to review the issue of transferring a minor to a boarding school. A decision shall be made according to the procedures determined by this Chapter.

7. Compulsory enforcement of payment of a penalty shall be carried out after the expiration of the timeframes determined for voluntary enforcement under the Code of Administrative Offences of Georgia. Compulsory enforcement of payment of a penalty shall be carried out by a bailiff as provided for by the Law of Georgia on Enforcement Proceedings.

Law of Georgia No 5666 of 28 December 2011 - website, 12.1.2012

 

Article 489 – Revision of a decision on referral of a minor

1. A social worker shall provide the Group of Experts with information on the positive results achieved by a minor and/or on the existing difficulties 15 days prior to the expiration of timeframes for applying the measures (except for the transfer to a boarding school) indicated in the decision on referral of a minor. If a minor is transferred to a boarding school the information determined by this article shall be submitted to the Group of Experts by a boarding school specialist (specialists) according to the procedure determined by the Minister of Education and Science of Georgia. The Group of Experts shall have the right to make a decision on terminating, changing or extending a referral of a minor.

2. The period of referral shall be extended if psycho-social rehabilitation of a minor has not fully completed despite positive results.

3. Referral measures shall be changed if they fail to achieve the set goals or are no longer required to achieve these goals.

4. If changing a referral measure or extending the timeframes includes transfer of a minor to a boarding school or prolongation of his/her stay in the boarding school, a decision shall be made as provided for by this Chapter.

Law of Georgia No 5666 of 28 December 2011 - website, 12.1.2012

 

Chapter XI – State Control, Property, Funding, Accountability and Accounting of General Education Institutions

 

Article 49 - State control

1. State control of schools shall be performed by the Ministry of Education and Science of Georgia, other state control bodies determined by the legislation and the ministries of education of the Autonomous republics of Abkhazia and Adjara in the cases determined by the legislation of Georgia, including by this Law.

2. State control includes supervision of the observance of the legislation of Georgia and individual administrative acts of the Ministry of Education and Science of Georgia by general education institutions.

3. Before the beginning of the following academic year a public school shall submit to the Ministry of Education and Science of Georgia a progress report for the previous year on the observance of the legislation of Georgia and the study process. The forms and times for submitting a report shall be determined by the Ministry of Education and Science of Georgia.

4. In order to perform the control determined by this Law, the Ministry of Education and Science of Georgia shall request documents and information or conduct an on-site study of the observance of the legislation of Georgia and the individual administrative acts of the Ministry of Education and Science of Georgia by a school.

5. The school must submit to the Ministry of Education and Science of Georgia the requested information within 15 days after the request.

6. If structural units of a public school determined by Article 35(2) of this Law violate the legislation of Georgia or the individual administrative acts of the Ministry of Education and Science of Georgia, the Ministry of Education and Science of Georgia shall have the right to issue to the school a written warning and/or submit an appropriate justified recommendation to the Board of Trustees regarding early termination of the powers of the school principal. The Board of Trustees shall review the issue of early termination of powers of a school principal within the time limits defined in the recommendation of the Ministry of Education and Science of Georgia.

61. The Board of Trustees shall be obliged to justify its decision if it does not terminate the powers of a school principal before expiration of his/her term of office in cases determined by paragraph 6 of this article. The Ministry of Education and Science of Georgia shall be authorised to reject the decision of the Board of Trustees and terminate the powers of the school principal before expiration of his/her term of office. An interested party may appeal the recommendation determined by paragraph 6 of this article together with the final decision regarding early termination of the powers of the school principal.

62. Legal acts issued by the Ministry of Education and Science of Georgia regarding the issues determined by paragraphs 6, 61 and 7 of this article may be appealed, which shall not suspend the disputed acts.

7. The Ministry of Education and Science of Georgia shall have the right to:

a) dismiss a Board of Trustees if the legislation of Georgia was violated by its activities at a public school;

b) terminate the powers of a school principal before expiration of his/her term of office, if a public school received two written warnings during a year due to the activities of the school principal;

c) terminate the powers of an acting school principal before expiration of his/her term of office, if a public school received two written warnings during a year due to the activities of the acting school principal;

d) dismiss a Board of Trustees and/or terminate the powers of a school principal/an acting school principal before the expiration of his/her term of office, if the public school fails to eliminate the violation within the time limits set forth in the written warning.

71. If the powers of a school principal/an acting school principal are terminated before expiration of his/her term of office under paragraph 7 of this article the Ministry of Education and Science of Georgia shall have the right to appoint an acting school principal. In this case the procedure determined by Article 42(6) of this Law shall apply.

8. (Deleted – 17.3.2006, No 2793).

9. If the powers of a school principal/an acting school principal are terminated before expiration of his/her term of office as provided for by paragraphs 6, 61 and 7 of this article, or by a Board of Trustees/the Ministry of Education and Science of Georgia due to the violation of a labour agreement by the principal/the acting principal, the person whose powers are terminated shall have no right to occupy the position of a school principal/an acting school principal, a deputy school principal or any other position in the public school Administration for three years.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 4204 of 22 February 2011 - website, 10.3.2011

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 50 - Property of a public school

1. A public school building and an appropriate plot of land are state-owned and are transferred to the school under an open-ended and free-of-charge usufruct agreement as provided for by the legislation of Georgia.

2. A public school shall dispose of the property transferred to it by the State with the consent of the Ministry of Education and Science of Georgia, and with the consent of the appropriate ministries of education in the territories of the Autonomous Republics of Abkhazia and Adjara as provided for by the legislation of Georgia, except for the cases defined by paragraph 3 of this article.

3. For the professional development of teachers a public school shall have the right to transfer the school area in temporary disposal to an institution carrying out accredited teacher professional development programmes.

Law of Georgia No 2671 of 26 February 2010 - LHG I, No 10, 16.3.2010, Art. 36

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

 

Article 51 - Funds of a general education institution

1. Schools are basically financed by issuing school vouchers under this Law and appropriate secondary legislation, and according to the procedure determined by Article 22(5) of this Law.

2. A public school shall have the right to attract other funds allowed by the legislation of Georgia, including income from economic activities unless these activities are dangerous for health and have an adverse effect on physical and moral development of pupils. Proceeds shall be spent only for the fulfilment of the objectives and functions of the school as provided for by law.

3. All income and expenditures of a school shall be reflected in its budget.

4. A school shall have an independent bank account and a seal.

 

Article 52 - Reporting and bookkeeping of a general education institution

1. A public school principal shall allocate funds in accordance with the school budget approved by the Board of Trustees.

2. In urgent cases a school principal shall have the right to transfer not more than 10% of the funds from one budget line item to another one without the consent of the Board of Trustees. This change must not result in a decrease of teacher salaries. If a school budget is not approved, a school principal shall have the right to make disbursements on monthly basis in an amount of not more than 1/12 of the previous year’s budget.

3. The consent of a Board of Trustees shall be required for concluding agreements the value of which exceed 5% of a school budget.

4. A public school shall prepare accounting and reporting documents on financial and economic activities as provided for by the legislation of Georgia.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

 

Chapter XII – Transitional and Final Provisions

 

Article 53 - Invalidation of normative acts upon adopting this Law

1. Upon the adoption of this Law the following shall be invalidated: Articles 4(5), 11(2), 14(2), 18(4)(n,o,p,r), 20(j,k,m), 21, 22(2), 23(3)(a.b, a.c, a.d), 24(5), 29(3), 40(3), 44(4,5) of the Law of Georgia on Education of 27 June 1997, as well as all the rules of the mentioned law which regulate the relations governed by this Law in a different way.

2. Order No 16 of 25 February 2003 of the Minister of Education of Georgia on the Approval of the Statute of State General Education Institutions and the Accompanying Measures, and all normative acts or their parts, approved by state government bodies under the Law of Georgia on Normative Acts, which regulate the relations governed by this Law in a different way shall be invalidated.

 

Article 54 - Preparation of draft legal acts

1. Before the beginning of the 2007-2008 academic year, the Ministry of Education and Science of Georgia must prepare draft laws on Mentoring Activities, Vocational Education and Accreditation of Educational Institutions and Programmes.

2. (Deleted – 14.12.2006, No 3986).

3. (Deleted – 14.12.2006, No 3986).

4. Before 2015 the Ministry of Education and Science of Georgia must approve the procedures for disciplinary proceedings against teachers.

5. Before 1 October 2010 the Ministry of Education and Science of Georgia must adopt a normative act determined by Article 26(1)(s1) of this Law.

Law of Georgia No 3986 of 14 December 2006 - LHG I, No 48, 22.12.2006, Art. 353

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 2940 of 20 April 2010 - LHG I, No 23, 4.5.2010, Art. 122

Law of Georgia No 3292 of 2 July 2010 - LHG I, No 37, 14.7.2010, Art. 223

 

Article 55 - Mentoring and educational and mentoring institutions

1. Mentoring and educational and mentoring institutions may exist in the form of legal entities under public or private law.

2. The Ministry of Education and Science of Georgia shall establish mentoring and educational and mentoring institutions as legal entities under public law, approve their statutes, perform their state control as well as reorganise or liquidate them and appoint and dismiss the heads of these entities.

3. Mentoring and educational and mentoring institutions, except for preschools, that are legal entities under public law shall be funded from the State Budget and/or from any other income allowed by the legislation of Georgia.

[3. Mentoring, and educational and mentoring institutions, except for early learning and preschool mentoring and educational institutions that are legal entities under public law, shall be funded from the state budget and/or other revenues allowed by the legislation of Georgia. (Shall become effective from 1 April 2017)]

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 5367 of 8 June 2016 - website, 24.6.2016

 

Article 56 - Out-of-school arts and sports institutions

1. Out-of-school arts institutions, which carry out only arts education and training programmes without general education programmes, shall be established under the legislation of Georgia as non-entrepreneurial (non-commercial) legal entities under public or private law by the Ministry of Culture and Monument Protection of Georgia that performs their state control, reorganisation and liquidation, approves the statutes, appoints and dismisses the heads of these institutions.

2. Out-of-school sports institutions, which carry out only sports education programmes without general education programmes, shall be established under the legislation of Georgia as non-entrepreneurial (non-commercial) legal entities under public or private law by the Ministry of Sport and Youth Affairs of Georgia, which performs state control, reorganises and liquidates, approves the statutes of, appoints and dismisses the heads of, these institutions.

3. Out-of-school arts and sports institutions, which carry out only arts and sports education programmes without general education programmes within the administrative territory of the Autonomous Republic of Ajara, shall be established as non-entrepreneurial (non-commercial) legal entities under private law by the Ministry of Education, Culture and Sports of the Autonomous Republic of Ajara that approves the statutes, appoints and dismisses the heads of these institutions.

4. Out-of-school arts and sports institutions, which carry out only arts and sports education programmes without general education programmes shall be established as non-entrepreneurial (non-commercial) legal entities under private law by an executive body of local self-government that approves the statutes, appoints and dismisses the heads of these institutions.

Law of Georgia No 2014 of 28 October 2005 - LHG I, No 47, 21.11.2005, Art. 314

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 3986 of 14 December 2006 - LHG I, No 48, 22.12.2006, Art. 353

Law of Georgia No 3744 of 26 October 2010 - LHG I, No 62, 5.11.2010, Art. 384

 

Article 561 – Teachers of out-of-school arts and sports education institutions

1. (Deleted – 28.11.2014, No 2822).

2. Teachers of out-of-school arts or sports education institutions shall begin teacher pre-service, implement professional development and career advancement in accordance with the Teacher Pre-service, Professional Development and Career Advancement Scheme approved by the Government of Georgia.

3. (Deleted – 28.11.2014, No 2822).

4. Out-of-school arts or sports education institutions shall perform the obligations determined by Article 33(k,l,m) of this Law and shall exercise the powers granted under Article 33(g) of this Law with respect to teaching activities.

5. In order to determine the conditions and procedures for managing teaching activities of out-of-school arts or sports education institutions the Ministry of Culture and Monument Protection and the Ministry of Sport and Youth Affairs of Georgia shall participate in developing the part of the statute of accreditation of teacher training and professional development programmes that are related to the training and development of the teachers of out-of-school arts and sports education institutions.

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 57 - Secondary vocational education institutions

1. A secondary vocational education institution may exist as a legal entity under public or private law:

a) before the beginning of the 2008-2009 academic year, if this entity has carried out secondary vocational education programmes without general education programmes for two years before the beginning of the 2006-2007 academic year;

b) before the beginning of the 2009-2010 academic year, if this entity has carried out secondary vocational education programmes without general education programmes for three years before the beginning of the 2006-2007 academic year.

11. A legal entity under private law shall have the right to carry out vocational education programmes within the time limits determined by paragraph 1(a,b) of this article without establishing another independent legal entity as provided for by the legislation of Georgia.

12. From the 2007-2008 academic year secondary vocational education institutions shall have no right to admit pupils to the first year of studies in secondary vocational education programmes.

2. The Ministry of Education and Science of Georgia shall establish a secondary vocational education institution as a legal entity under public law and approve its statute, perform its state control, reorganisation and liquidation.

3. A secondary vocational education institution that carries out specialised arts and sports education and training programmes shall be established as a legal entity under public law by a branch ministry, which approves its statute, appoints its director, performs its state control, reorganisation and liquidation.

4. A secondary vocational education institution, which is a legal entity under public law, shall be funded from the Central State Budget, local budget and/or any other income allowed by the legislation.

5. Secondary vocational education may be acquired after the acquisition of a basic education. A legal entity under public law, as well as a legal entity under private law established with 100% state participation - secondary vocational education institutions that carry out general education programmes until the end of the 2005-2006 academic year shall have the right to issue a document certifying general education to pupils who have completed educational programmes before the end of the 2005-2006 academic year and have studied at the secondary vocational education institution for not less than two years. Until the end of the 2005-2006 academic year the general education programmes at these institutions shall be financed within the scope of programme funding.

51. Licensed legal entities under private law - secondary vocational education institutions shall issue a document certifying the appropriate level of general education to confirm the completion of general education programmes, except for a secondary vocational education diploma, as provided for by the legislation of Georgia.

6. Secondary vocational education institutions shall be subject to accreditation. The accreditation procedures and conditions, as well as the standards for secondary vocational education institutions shall be determined by the Ministry of Education and Science of Georgia in coordination with a branch ministry upon the recommendation of the State Accreditation Service.

7. General education programmes within the scope of secondary vocational education shall be financed under this Law, while the vocational education programmes shall be financed from the Central State Budget and/or any other income allowed by the legislation of Georgia.

Law of Georgia No 2793 of 17 March 2006 - LHG I, No 9, 31.3.2006, Art. 65

Law of Georgia No 4530 of 28 March 2007 - LHG I, No 15, 23.4.2007, Art. 119

 

Article 58 - Establishment of general education institutions as legal entities under public law

1. The Ministry of Education and Science of Georgia shall ensure establishment of general education institutions as legal entities under public law and approval of new statutes for the existing legal entities under public law before 1 August 2005 as provided for by this Law.

2. The rules applicable to legal entities under public law shall apply to educational, mentoring and educational and mentoring institutions which are not legal entities under public or private law and are financed from the State Budget.

3. For the institutions defined by paragraph 1 of this article the Ministry of Education and Science of Georgia shall approve a unified form of a statute used as a basis for establishing these entities. The Ministry of Education and Science of Georgia shall publish a form of a statute and the list of general education institutions established on the basis of this form.

4. Within one month after adoption of this Law the Ministry of Education and Science, the Ministry of Economy and Sustainable Development, the Ministry of Justice and the Ministry of Finance of Georgia shall submit to the Government of Georgia a plan for financial and legal provision of the measures required for establishment of general education institutions as legal entities under public law.

5. Article 5(4) of this Law shall enter into force gradually not later than the beginning of the 2010-2011 academic year.

6. Article 36(2) of this Law shall enter into force from the beginning of the 2011-2012 academic year.

7. Articles 26(1)(m1), 27(11), 29(1)(g1) of this Law shall enter into force from the beginning of the 2011-2012 academic year; a legal entity under public law - a general education institution may be reorganised after its accreditation by its founder into a non-entrepreneurial (non-commercial) legal entity under private law, after which the legal entity shall be considered as a legal successor of an appropriate legal entity under public law.

Law of Georgia No 3986 of 14 December 2006 - LHG I, No 48, 22.12.2006, Art. 353

Law of Georgia No 5609 of 14 December 2007 - LHG I, No 46, 24.12.2007, Art. 400

Law of Georgia No 497 of 18 November 2008 - LHG I, No 33, 1.12.2008, Art. 211

 

Article 59 - Holding the first elections of the managing bodies of general education institutions

1. The Ministry of Education and Science of Georgia shall hold the first elections of the Boards of Trustees of public schools before the end of the 2006-2007 academic year. The first elections may be held only in accordance with the schedule and procedures approved by the Ministry of Education and Science of Georgia.

2. The entry into force of this Law shall be the basis for dismissal of the heads (principals) of all legal entities under public law, carrying out the programmes of at least one general educational level, as well as those out-of-school education institutions, carrying out only arts and sports education programmes without general education programmes, which shall be documented by an order of the Minister of Education and Science of Georgia, and in case of out-of-school arts and sports education institutions - by an order of the Minister of Culture and Monument Protection and the Minister of Sport and Youth Affairs of Georgia. Before the election of a school principal under this law an acting principal shall be appointed and dismissed by the Minister of Education and Science of Georgia; an acting head (principal) of an out-of-school institution determined by Article 56 of this Law shall be appointed and dismissed by an order of the Minister of Culture and Monument Protection and the Minister of Sport and Youth Affairs of Georgia before the beginning of the 2006-2007 academic year.

3. The authority of the members of a public school’s Board of Trustees shall be terminated upon the entry into force of this Law.

4. The authority of an acting school principal and the executives of the Administration of a general education institution shall be terminated upon the registration of the first elected school principal with the Ministry of Education and Science of Georgia.

5. The first elected school principal must conclude labour agreements with all teachers of his/her general education institution within one month after registration.

51. Legal entities under public law – general educational institutions established/reorganised before 1 January 2014 by the Ministry of Education and Science of Georgia shall be authorised to carry out general educational activity as general educational institutions/schools until the beginning of the 2020-2021 academic year, and receive funding provided for by this Law. The Ministry of Education and Science of Georgia shall ensure gradual authorisation of the general educational institutions before the beginning of the 2020-2021 academic year.

6. Legal entities under private law - general educational institutions licensed before 1 September 2010 by the Ministry of Education and Science of Georgia shall be authorised to carry out general educational activity as general educational institutions and receive funding provided for by this law until the beginning of the 2015-2016 academic year. The Ministry of Education and Science of Georgia shall ensure gradual authorisation of the general educational institutions before the beginning of the 2015-2016 academic year.

61. The Ministry of Education and Science of Georgia must establish the stages of authorisation for the general education institutions determined by paragraph 6 of this article before 1 May 2011.

7. (Deleted – 21.7.2010, No 3530).

8. (Deleted – 28.11.2014, No 2822).

9. The results of the first elections of the Boards of Trustees of public schools may be appealed to the Ministry of Education and Science of Georgia.

Law of Georgia No 2014 of 28 October 2005 - LHG I, No 47, 21.11.2005, Art. 314

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 4322 of 9 March 2011 - website, 22.3.2011

Law of Georgia No 5741 of 2 March 2012 - website, 5.3.2012

Law of Georgia No 387 of 22 March 2013 - website, 2.4.2013

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

Law of Georgia No 3819 of 27 June 2015 - website, 3.7.2015

 

Article 60 - Compliance of educational programmes with general educational levels

Before the beginning of the 2006-2007 academic year, the Ministry of Education and Science of Georgia shall ensure beginning of studies at all general education institutions in accordance with the National Curriculum.

 

Article 601 – Measures to be taken before entry into force of the National Curriculum of the 2011-2012 academic year

The Ministry of Education and Science of Georgia shall be assigned to gradually take measures required for approving textbooks under the National Curriculum according to subject groups determined by Article 5(3) of this Law.

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

 

Article 61 - (Deleted)

Law of Georgia No 4412 of 2 March 2007 - LHG I, No 8, 23.3.2007, Art. 76

Law of Georgia No 497 of 18 November 2008 - LHG I, No 33, 1.12.2008, Art. 211

Law of Georgia No 1385 of 11 July 2009 - LHG I, No 18, 23.7.2009, Art. 85

Law of Georgia No 4042 of 15 December 2010 - LHG I, No 76, 27.12.2010, Art. 491

Law of Georgia No 5741 of 2 March 2012 - website, 5.3.2012

Law of Georgia No 6448 of 12 June 2012 - website, 25.6.2012

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 611 – (Deleted)

Law of Georgia No 2940 of 20 April 2010 - LHG I, No 23, 4.5.2010, Art. 122

Law of Georgia No 6013 of 10 April 2012 - website, 20.4.2012

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 612 – Shift from the certification of teachers to the Teacher Pre-service, Professional Development and Career Advancement Scheme

1. The results of the teacher certification examinations held before the end of 2014 shall be considered during the placement of teachers according to the Teacher Pre-service, Professional Development and Career Advancement Scheme as provided for by the legislation of Georgia.

2. The requirements for the education of teachers established by the legislation of Georgia shall be considered satisfied by the working teachers before 1 January 2015 and by the teachers certified before 1 January 2015.

3. Until the end of 2021, persons holding a Bachelor’s or an equivalent academic degree and who completed a teacher training education programme as determined by the legislation of Georgia shall be able to start working as a teacher.

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

Law of Georgia No 4583 of 27 November 2015 - website, 10.12.2015

 

Article 62 - Funding for general education institutions

1. Funding for general education shall be gradually carried out from the Central State Budget under Article 22(3) of this Law not later than the 2007-2008 academic year. Until now general education shall be financed by local government bodies. General education institutions in the cities and towns, which are not contained in any region or do not have local government bodies, shall be financed by local self-government bodies. The State must pay the difference between the amount allocated by local government/self-government bodies and the financial standards determined per pupil.

2. Before the commencement of funding general education from Central State Budget under Article 22(3) of this Law the representatives of local government/self-government bodies shall have the right of deciding vote in a Board of Trustees.

3. Article 21(2) of this Law shall enter into force not later than the beginning of the 2005-2006 academic year.

 

Article 63 - Shift to 12-year general education

1. The Ministry of Education and Science of Georgia shall ensure gradual shift to 12-year general education from the beginning of the 2006-2007 academic year.

2. Twelve-year general education shall not apply to the pupils who are in the 11th grade at the beginning of the 2006-2007 academic year.

3. (Deleted – 25.11.2011, No 5349).

4. (Deleted – 25.11.2011, No 5349).

Law of Georgia No 5349 of 25 November 2011 - website, 6.12.2011

 

Article 631 – Recognition of general education acquired in the occupied territories

General education acquired in the occupied territories shall be recognised according to the procedure determined by the Minister of Education and Science of Georgia.

Law of Georgia No 790 of 19 December 2008 - LHG I, No 40, 29.12.2008, Art. 257

 

Article 632 – Disposal of the public school property allocated by the State in the territory of the Autonomous Republic of Abkhazia

The right determined by Article 50(2) of this Law shall be granted to the Ministry of Education of the Autonomous Republic of Abkhazia after the provision of appropriate conditions in the territory of the Autonomous Republic of Abkhazia.

Law of Georgia No 2671 of 26 February 2010 - LHG I, No 10, 16.3.2010, Art. 36

 

Article 633 – Exception related to an admission age to the primary education level in the 2014-2015 academic year

Persons who have attained the age of six before 1 January 2015, or who study in the preparatory class/division for admission to a primary general education level during the 2013-2014 academic year and their age exceeds five before the beginning of the 2014-2015 academic year, shall have the right to be admitted to a primary general education level in the 2014-2015 academic year.

Law of Georgia No 3442 of 16 July 2010 - LHG I, No 44, 28.7.2010, Art. 273

Law of Georgia No 2210 of 4 April 2014 - website, 14.4.2014

 

Article 634 – Admission of students to apprenticeship programmes

A general education institution carrying out apprenticeship programmes for 1 September 2010 shall have the right to continue this educational activity before the completion of the apprenticeship programme by the students admitted to this programme. A general education institution may not admit students to apprenticeship programmes after 1 September 2010.

Law of Georgia No 3530 of 21 July 2010 - LHG I, No 47, 5.8.2010, Art. 302

 

Article 635 – Recognition of documents certifying general education issued by unlicensed educational institutions of Georgian Apostolic Autocephalous Orthodox Church before 1 September 2010

Before 1 January 2015 the Ministry of Education and Science of Georgia and the Patriarchate of Georgia must compile a list of unlicensed educational institutions of Georgian Apostolic Autocephalous Orthodox Church whose documents certifying general education issued before 1 September 2010 are recognised by the State as provided for by the legislation of Georgia.

Law of Georgia No 2822 of 28 November 2014 - website, 15.12.2014

 

Article 64 - Entry into force of this Law

This Law shall enter into force upon its promulgation.

 

 

President of Georgia                                                                                                                                               M. Saakashvili

Tbilisi,

8 April 2005

No 1330 – IS

107. 17/09/2024 - Law of Georgia - 4445-XVIმს-Xმპ - Website, 03/10/2024 106. 18/07/2024 - Law of Georgia - 4372-XVრს-Xმპ - Website, 30/07/2024 105. 29/05/2024 - Law of Georgia - 4204-XIVმს-Xმპ - Website, 13/06/2024 104. 15/12/2023 - Law of Georgia - 3996-XIIIმს-Xმპ - Website, 26/12/2023 103. 15/12/2023 - Law of Georgia - 3959-XIIIმს-Xმპ - Website, 25/12/2023 102. 30/11/2023 - Law of Georgia - 3825-XIIIმს-Xმპ - Website, 15/12/2023 101. 15/11/2023 - Law of Georgia - 3664-XIIIმს-Xმპ - Website, 05/12/2023 - Amendment contains transitional provision 100. 15/11/2023 - Law of Georgia - 3663-XIIIმს-Xმპ - Website, 05/12/2023 - Amendment contains transitional provision 99. 21/09/2023 - Law of Georgia - 3524-XIIIმს-Xმპ - Website, 12/10/2023 98. 03/05/2023 - Law of Georgia - 2854-XIმს-Xმპ - Website, 11/05/2023 97. 30/11/2022 - Law of Georgia - 2218-IXმს-Xმპ - Website, 15/12/2022 96. 01/12/2022 - Law of Georgia - 2250-IXმს-Xმპ - Website, 14/12/2022 - Amendment contains transitional provision 95. 02/11/2022 - Law of Georgia - 1979-IXმს-Xმპ - Website, 14/11/2022 - Amendment contains transitional provision 94. 14/04/2022 - Law of Georgia - 1513-VIIIმს-Xმპ - Website, 19/04/2022 93. 30/03/2022 - Law of Georgia - 1465-VIIIმს-Xმპ - Website, 06/04/2022 - Amendment contains transitional provision 92. 01/02/2022 - Law of Georgia - 1353-VIIIმს-Xმპ - Website, 08/02/2022 91. 15/12/2021 - Law of Georgia - 1141-VIმს-Xმპ - Website, 24/12/2021 90. 27/04/2021 - Law of Georgia - 463-IVმს-Xმპ - Website, 04/05/2021 89. 30/03/2021 - Law of Georgia - 417-IVმს-Xმპ - Website, 13/04/2021 - Amendment contains transitional provision 88. 16/03/2021 - Law of Georgia - 338-IVმს-Xმპ - Website, 18/03/2021 87. 15/07/2020 - Law of Georgia - 6905-რს - Website, 28/07/2020 86. 14/07/2020 - Law of Georgia - 6829-რს - Website, 28/07/2020 85. 12/06/2020 - Law of Georgia - 6286-IIს - Website, 15/06/2020 - Amendment contains transitional provision 84. 21/05/2020 - Law of Georgia - 5918-სს - Website, 25/05/2020 83. 17/03/2020 - Law of Georgia - 5777-IIს - Website, 23/03/2020 82. 17/03/2020 - Law of Georgia - 5755-IIს - Website, 23/03/2020 - Amendment contains transitional provision 81. 17/03/2020 - Law of Georgia - 5746-IIს - Website, 23/03/2020 80. 29/11/2019 - Law of Georgia - 5406-Iს - Website, 10/12/2019 79. 20/09/2019 - Law of Georgia - 5018-Iს - Website, 27/09/2019 78. 19/04/2019 - Law of Georgia - 4524-IIს - Website, 24/04/2019 - Amendment contains transitional provision 77. 08/04/2019 - Law of Georgia - 4495-რს - Website, 11/04/2019 76. 20/09/2018 - Law of Georgia - 3443-Iს - Website, 09/10/2018 - Amendment contains transitional provision 75. 20/09/2018 - Law of Georgia - 3439-Iს - Website, 05/10/2018 74. 20/07/2018 - Law of Georgia - 3243-რს - Website, 10/08/2018 - Amendment contains transitional provision 73. 29/06/2018 - Law of Georgia - 2753-IIს - Website, 19/07/2018 - Amendment contains transitional provision 72. 05/07/2018 - Law of Georgia - 3025-რს - Website, 11/07/2018 71. 13/06/2018 - Law of Georgia - 2523-IIს - Website, 29/06/2018 - Amendment contains transitional provision 70. 06/06/2018 - Law of Georgia - 2479-რს - Website, 21/06/2018 - Amendment contains transitional provision 69. 07/12/2017 - Law of Georgia - 1631-რს - Website, 14/12/2017 68. 26/07/2017 - Law of Georgia - 1227-რს - Website, 28/07/2017 67. 04/05/2017 - Law of Georgia - 773-IIს - Website, 25/05/2017 66. 23/03/2017 - Law of Georgia - 494-IIს - Website, 27/03/2017 65. 16/12/2016 - Law of Georgia - 102-Iს - Website, 05/01/2017 64. 21/12/2016 - Law of Georgia - 134-რს - Website, 28/12/2016 63. 01/12/2016 - Law of Georgia - 44-Iს - Website, 15/12/2016 62. 08/06/2016 - Law of Georgia - 5367-IIს - Website, 24/06/2016 61. 10/06/2016 - Law of Georgia - 5420-IIს - Website, 17/06/2016 - Amendment contains transitional provision 60. 19/02/2016 - Law of Georgia - 4785-IIს - Website, 07/03/2016 59. 11/12/2015 - Law of Georgia - 4619-Iს - Website, 22/12/2015 58. 27/11/2015 - Law of Georgia - 4583-Iს - Website, 10/12/2015 57. 27/10/2015 - Law of Georgia - 4356-Iს - Website, 11/11/2015 56. 27/06/2015 - Law of Georgia - 3819-რს - Website, 03/07/2015 55. 20/03/2015 - Law of Georgia - 3372-IIს - Website, 31/03/2015 54. 19/02/2015 - Law of Georgia - 3091-IIს - Website, 26/02/2015 53. 28/11/2014 - Law of Georgia - 2822-Iს - Website, 15/12/2014 - Amendment contains transitional provision 52. 12/09/2014 - Decision of the Constitutional Court - 2/3/540 - Website, 29/09/2014 51. 04/04/2014 - Law of Georgia - 2210-IIს - Website, 14/04/2014 50. 06/08/2013 - Law of Georgia - 918-რს - Website, 20/08/2013 49. 22/03/2013 - Law of Georgia - 387-IIს - Website, 02/04/2013 - Amendment contains transitional provision 48. 20/03/2013 - Law of Georgia - 348-IIს - Website, 28/03/2013 - Amendment contains transitional provision 47. 27/12/2012 - Law of Georgia - 173-რს - Website, 08/01/2013 - Amendment contains transitional provision 46. 12/06/2012 - Law of Georgia - 6448-რს - Website, 25/06/2012 45. 25/05/2012 - Law of Georgia - 6328-Iს - Website, 12/06/2012 44. 25/05/2012 - Law of Georgia - 6301-Iს - Website, 12/06/2012 43. 05/06/2012 - Law of Georgia - 6428-Iს - Website, 05/06/2012 42. 10/04/2012 - Law of Georgia - 6013-Iს - Website, 20/04/2012 - Amendment contains transitional provision 41. 02/03/2012 - Law of Georgia - 5741-Iს - Website, 05/03/2012 40. 28/12/2011 - Law of Georgia - 5666-რს - Website, 12/01/2012 39. 20/12/2011 - Law of Georgia - 5513-რს - Website, 111228083, 28/12/2011 38. 20/12/2011 - Law of Georgia - 5511-რს - Website, 111228081, 28/12/2011 - Amendment contains transitional provision 37. 24/11/2011 - Law of Georgia - 5305-IIს - Website, 111208017, 08/12/2011 36. 25/11/2011 - Law of Georgia - 5349-IIს - Website, 111206011, 06/12/2011 - Amendment contains transitional provision 35. 01/07/2011 - Law of Georgia - 5000-რს - Website, 110715033, 15/07/2011 34. 17/06/2011 - Law of Georgia - 4791-Iს - Website, 110628020, 28/06/2011 33. 03/06/2011 - Law of Georgia - 4734-Iს - Website, 110622013, 22/06/2011 - Amendment contains transitional provision 32. 05/04/2011 - Law of Georgia - 4488-Iს - Website, 110415028, 15/04/2011 31. 22/03/2011 - Law of Georgia - 4469 - Website, 110401027, 01/04/2011 30. 09/03/2011 - Law of Georgia - 4322-Iს - Website, 110322023, 22/03/2011 29. 09/03/2011 - Law of Georgia - 4321-Iს - Website, 110322022, 22/03/2011 28. 22/02/2011 - Law of Georgia - 4204-Iს - Website, 110310029, 10/03/2011 - Amendment contains transitional provision 27. 15/12/2010 - Law of Georgia - 4042-რს - LHG, 76, 29/12/2010 26. 15/12/2010 - Law of Georgia - 4044-რს - LHG, 75, 27/12/2010 25. 15/12/2010 - Law of Georgia - 4041-რს - LHG, 75, 27/12/2010 24. 26/10/2010 - Law of Georgia - 3744-IIს - LHG, 62, 05/11/2010 23. 21/07/2010 - Law of Georgia - 3530 - LHG, 47, 05/08/2010 - Amendment contains transitional provision 22. 21/07/2010 - Law of Georgia - 3544 - LHG, 46, 04/08/2010 21. 16/07/2010 - Law of Georgia - 3442 - LHG, 44, 28/07/2010 20. 16/07/2010 - Law of Georgia - 3440 - LHG, 42, 22/07/2010 19. 02/07/2010 - Law of Georgia - 3292 - LHG, 37, 14/07/2010 18. 04/05/2010 - Law of Georgia - 3068 - LHG, 27, 24/05/2010 17. 20/04/2010 - Law of Georgia - 2958 - LHG, 23, 04/05/2010 16. 20/04/2010 - Law of Georgia - 2940 - LHG, 23, 04/05/2010 15. 09/03/2010 - Law of Georgia - 2725 - LHG, 12, 24/03/2010 14. 26/02/2010 - Law of Georgia - 2671 - LHG, 10, 16/03/2010 13. 18/12/2009 - Law of Georgia - 2380 - LHG, 48, 29/12/2009 12. 17/11/2009 - Law of Georgia - 2079 - LHG, 38, 01/12/2009 11. 11/07/2009 - Law of Georgia - 1385 - LHG, 18, 23/07/2009 - Amendment contains transitional provision 10. 19/12/2008 - Law of Georgia - 790 - LHG, 40, 29/12/2008 9. 18/11/2008 - Law of Georgia - 497 - LHG, 33, 01/12/2008 8. 19/03/2008 - Law of Georgia - 5951 - LHG, 8, 28/03/2008 7. 14/12/2007 - Law of Georgia - 5609 - LHG, 46, 24/12/2007 6. 28/03/2007 - Law of Georgia - 4530 - LHG, 15, 23/04/2007 5. 02/03/2007 - Law of Georgia - 4412 - LHG, 8, 23/03/2007 4. 27/12/2006 - Law of Georgia - 4129 - LHG, 49, 29/12/2006 3. 14/12/2006 - Law of Georgia - 3986 - LHG, 48, 22/12/2006 2. 17/03/2006 - Law of Georgia - 2793 - LHG, 9, 31/03/2006 1. 28/10/2005 - Law of Georgia - 2014 - LHG, 47, 21/11/2005