on Vocational Education

on Vocational Education
Document number 3442-Iს
Document issuer Parliament of Georgia
Date of issuing 20/09/2018
Document type Law of Georgia
Source and date of publishing Website, 09/10/2018
Registration code 430060000.05.001.019178
Consolidated publications
3442-Iს
20/09/2018
Website, 09/10/2018
430060000.05.001.019178
on Vocational Education
Parliament of Georgia
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Initial version (09/10/2018 - 30/05/2019)

LAW OF GEORGIA

ON VOCATIONAL EDUCATION

 

Chapter I - General Provisions

 

Article 1 - Purpose and scope of the Law

1. The purpose of this Law is to develop a vocational education system for Georgia, define state policy in the field of vocational education and facilitate its implementation.

2. This Law defines the legal framework of a vocational education system, establishes the principles of the management of the vocational education system and the legal grounds for carrying out the activities in the field of vocational education, and regulates other key issues related to the field of vocational education.

 

Article 2 - Objectives of state policy in the field of vocational education

1. The objectives of state policy in the field of vocational education shall be to:

a) promote the development of the country’s economy;

b) facilitate social inclusion, and the personal and professional development of an individual;

c) facilitate lifelong learning;

d) approximate the vocational education system of Georgia to the single European educational area and ensure the compatibility of the vocational education system of Georgia with the single European educational area.

2. In order to achieve the objectives of state policy in the field of vocational education, the State shall ensure:

a) equal access to vocational education for everyone;

b) that it offers the various forms of teaching and learning (work-based learning and others) and innovative approaches, taking into account technological development;

c) the connection of vocational education to general and higher education and the flexibility of the vocational education system;

d) the adaptation of vocational education to the existing or future requirements of the labour market and the preparation of an individual for employment and business activities;

e) the development of the National Qualifications Framework, the creation of mechanisms for the recognition of informal education, the development of a credit accumulation and transfer system;

f) the development of internal and external mechanisms for assuring the quality of vocational education;

g) the facilitation of the competitiveness of a person in the labour market through vocational training and vocational retraining;

h) the facilitation of social partnership in the field of vocational education;

i) the development of a system of career guidance, counselling and career planning in formal education;

j) the setting up of a system of the training, professional development and career promotion of vocational education teachers;

k) the facilitation of the mobility of vocational students and vocational education teachers;

l) the sharing and introduction of international best experience.

 

Article 3 - Definition of terms

For the purposes of this Law, the terms used herein have the following meanings:

a) authorisation - the procedure of acquiring the status of a college, which aims to ensure the meeting of the standards necessary for carrying out respective activities to issue a document certifying education recognised by the State;

b) informal education - a part of a lifelong learning system that involves the acquisition of ‘knowledge and understanding’, ‘skills’ and/or ‘responsibility and autonomy’ beyond formal education;

c) associate degree - a qualification granted to a person as a result of completing a short-cycle education programme successfully and accumulating the relevant number of credits;

d) diploma - a document certifying qualification granted by an authorised institution;

e) diploma supplement/certificate supplement - a document issued by an educational institution together with a diploma/certificate to certify the content of education received by a vocational student;

f) individual curriculum - a curriculum tailored to the needs of a vocational student or a listener (including a vocational student or a listener with special educational needs and/or a vocational student or a listener with disabilities) for the purpose of achieving study results provided for a relevant programme, which is based on a relevant vocational education programme/short-cycle education programme/vocational training programme/vocational retraining programme/official language training programme and which describes, in addition to the elements of this programme, the study results to be achieved by a vocational student or a listener and individual ways to achieve them;

g) inclusive vocational education – an equally accessible educational process, in which it is ensured that all vocational students and listeners receive education taking into consideration individual educational needs and capacities;

h) qualification - a formal outcome of the assessment and confirmation by an authorised institution/institutions of the achievement of study results, which is certified by a certificate recognised by the state, by a diploma that is a state document certifying higher or vocational education, or by a state document certifying general education;

i) competence - the ability to use study results adequately in a respective context (in the process of study or activities, for personal and professional development);

j) credit - a unit that includes a combination of confirmed study results, which may be recognised in accordance with the procedure established by the legislation of Georgia for receiving one or several qualifications;

k) module - a component developed within the vocational education standard or independently that unites logically related study results, and describes ways, means and conditions for the confirmation of their achievement;

l) short-cycle education programme - an educational programme corresponding to the generalised study results defined for Level 5 of the National Qualifications Framework, whose basis for creation is the vocational education standard and which is related to a bachelor's programme, or an educational programme corresponding to the generalised study results defined for Level 7 of the National Qualifications Framework that also corresponds to the generalised study results defined for Level 6 of the National Qualifications Framework;

m) listener - a person who studies at a vocational training programme, a vocational retraining programme and/or an official language training programme;

n) occupational standard - a combination of tasks and duties related to a specific occupation;

o) vocational education - education that ensures the acquisition of competence that is required for a specific profession and/or the labour market and that is aimed at the professional, social and personal development of a person during his/her lifetime;

p) document certifying vocational education - a diploma, a certificate;

q) vocational education institution/college - a legal entity that is authorised in accordance with the procedure established by the legislation of Georgia to implement vocational education programmes, short-cycle education programmes, vocational training programmes, vocational retraining programmes and official language training programmes;

r) vocational education programme - a combination of learning objectives, study results, a module/modules, relevant credits, teaching methods, forms of assessment and organisational characteristics of a study process. A vocational education programme is fulfilled by granting a qualification corresponding to Level 3/4/5 of the National Qualification Framework provided for by the vocational education standard, and by issuing a diploma;

s) vocational education standard - a document that defines a qualification(s) to be granted, the number of credits necessary for granting a qualification(s), the study results to be achieved, a combination of modules that define the study results to be achieved for granting a qualification(s), preconditions for admission to a relevant education programme(s) and for the delivery of the said programme(s), and the fields of employment and the requirements (if any) related to the development of an education programme(s) and the delivery of the said programme(s);

t) vocational student - a person who studies at a vocational education programme or a short-cycle education programme;

u) mobility of a vocational student - free movement of a vocational student to participate in the study process both in Georgia and abroad, which is followed by the recognition of education, credits or a qualification acquired during the study process;

v) regulated profession - an activity, the precondition for the carrying out of which is having an appropriate qualification and/or passing a state certification examination, and/or for the carrying out of which passing a respective examination provided for by the legislation of Georgia and/or periodic vocational retraining is (are) required for granting the required qualification;

w) educational institution - a general education institution authorised to implement basic vocational education programmes, secondary vocational education programmes, vocational training programmes and vocational retraining programmes, or a college authorised to implement any type of vocational education programmes, short-cycle education programmes and vocational training/retraining programmes, or a higher educational institution;

x) work-based learning - the form of implementing a vocational education programme/a short-cycle education programme/a vocational training programme/a vocational retraining programme, which envisages the achievement of some of the study results provided for by the programme in a simulated work environment and/or a real work environment (including by dual teaching);

y) training enterprise - an entity that has obtained the right to deliver a vocational education programme/a short-cycle education programme in the form of work-based learning along with an educational institution;

z) official language training programme/official language training module - an education programme/module, which aims at teaching the official language for the purpose of mastering a vocational education programme/a short-cycle education programme/a vocational training programme/a vocational retraining programme and/or for the purpose of facilitating the civil integration of individuals whose mother tongue is not the Georgian language;

z1) certificate - a document issued by an authorised institution, which certifies the achievement by an individual of the study results provided for by a vocational training programme or a vocational retraining programme, as well as the study results determined by certain modules;

z2) person with special educational needs - a person who has learning difficulties and/or a disability and who requires the adaptation of the study process, which includes the modification of a vocational education programme/short-cycle education programme/vocational training programme/vocational retraining programme/official language training programme, the development of an individual curriculum, the change of learning environment and conditions and/or the provision of additional special educational service;

z3) study results - a declaration regarding ‘knowledge and understanding’ (the results of the assimilation of information, facts, principles, theories, theoretical and practical methods of studying or carrying out activities), ‘skills’ (the ability to use respective knowledge for performing a specific task and solving problems) and/or ‘responsibility and autonomy’ (the use of knowledge and skills by an individual with values and an appropriate degree of independence) to be achieved by an individual;

z4) system of career guidance, counselling and career planning system in formal education - a wide range of measures that help a person, at any stage of formal education, to determine his/her abilities, competences and interests to make decisions related to education and choosing a profession, as well as to manage his/her career;

z5) formal education - part of a lifelong learning system, which involves the acquisition of ‘knowledge and understanding’, ‘skills’ and/or ‘responsibility and autonomy’ and the confirmation of the above by a certificate recognised by the State, or by a diploma (a state document certifying higher or vocational education), or by a state document certifying general education.

 

Article 4 - Right to receive vocational education and basic guarantees

1. Everyone has the right to exercise, without any discrimination, the right to receive vocational education in accordance with the procedure established by the legislation of Georgia.

2. Vocational students, listeners, and vocational education teachers and their associations, shall have the right to exercise, without any discrimination, all the rights and freedoms defined by the legislation of Georgia and educational institutions.

3. Educational institutions shall ensure the availability of an individually tailored learning process and necessary special educational services, as well as access to a learning environment in the educational institution, for persons with special educational needs and persons with disabilities.

 

Article 5 - Language of instruction

1. The language of instruction at education institutions shall be Georgian, and, in the Autonomous Republic of Abkhazia, also Abkhazian.

2. In an educational institution, where:

a) a vocational student and/or a listener with hearing impairment study, the Georgian Sign Language shall be used, as appropriate;

b) a vocational student and/or a listener with visual impairment study, the Braille system shall be used, as appropriate.

3. In an educational institution, teaching in a language other than the languages provided for by paragraphs 1 and 2 of this article shall be permitted if this is provided for by the international agreements of Georgia or if the issue of teaching in that language is agreed with the Ministry of Education, Science, Culture and Sport of Georgia (‘the Ministry’).

 

Chapter II - Vocational Education System

 

Article 6 - Vocational education

Vocational education shall be delivered:

a) through vocational education programmes, the types of which include:

a.a) a basic vocational education programme, which shall be fulfilled by granting a Level 3 qualification of the National Qualifications Framework;

a.b) a secondary vocational education programme, which shall be fulfilled by granting a Level 4 qualification of the National Qualification Framework;

a.c) a higher vocational education programme, which shall be fulfilled by granting a Level 5 qualification of the National Qualification Framework;

b) through vocational training programmes, which prepare individuals for performing individual tasks and duties related to a profession. The study results provided for by a vocational training programme may correspond to Level 2/3/4/5 of the National Qualifications Framework;

c) through vocational retraining programmes, which aim at ensuring that individuals acquire and/or develop competence to carry out professional activities in the same field. The study results provided for by a vocational retraining programme may correspond to Level 2/3/4/5 of the National Qualifications Framework.

 

Article 7 - Preconditions for admission to a vocational education programme

1. An individual shall be admitted to a basic vocational education programme if he/she holds at least a document certifying basic general education.

2. A person who has:

a) at least a document certifying basic general education, shall be admitted to a secondary vocational education programme, in which the study results of the secondary level of general education are integrated;

b) at least a document certifying complete general education or a document equal thereto, shall be admitted to a secondary vocational education programme.

3. A person shall be admitted to a higher vocational education programme if he/she has a document certifying complete general education or a document equal thereto.

4. A person shall be admitted to a vocational training programme or a vocational retraining programme if he/she meets the requirements established by a respective programme.

 

Article 8 - Occupational standard, vocational education standard and module

1. An occupational standard(s) shall be the basis for creating a vocational education standard(s).

2. A vocational education standard shall be the basis for creating a vocational education programme(s) and a short-cycle education programme.

3. The procedure for drafting and approving an occupational standard(s) shall be determined by the Government of Georgia.

4. The procedure for drafting, developing and approving a vocational education standard and module(s) shall be determined by the Ministry.

5. If the vocational education standard is cancelled or one of the qualifications is removed from the vocational education standard in accordance with the procedure for drafting, developing and approving a vocational education standard and a module(s), an educational institution shall be authorised to allow vocational students admitted to the respective programme to complete their education, and to grant them a qualification provided for by the programme.

6. In cases provided for by paragraph 5 of this article, educational institutions shall not be authorised to admit new vocational students.

7. If the vocational education standard is changed in accordance with the procedure for drafting, developing and approving a vocational education standard and a module(s), an educational institution shall be obliged to ensure the compliance of the vocational education programme/short-cycle education programme with the changed vocational education standard. An educational institution shall be authorised to make a reasoned decision on the implementation of the vocational education programme/short-cycle education programme available before the change in parallel with the changed vocational education programme/short-cycle education programme, only for the vocational students who were admitted before the programme was changed.

 

Article 9 - Vocational education programmes

1. A vocational education programme shall be prepared and approved by a respective educational institution.

2. Vocational education programmes shall be calculated by credits.

3. Secondary vocational education programmes shall, in accordance with the procedures provided for by the Ministry, include the study results of the secondary level of general education level.

4. The procedure and conditions for admission to a vocational education programme shall be determined by the Ministry.

5. An educational institution of Georgia and a legal entity authorised to implement a vocational training programme/vocational retraining programme may jointly implement only a part/module of a vocational education programme for which they have obtained the right to implement.

 

Article 10 - Short-cycle education programmes

1. Short-cycle education programmes shall be prepared and approved by a college and/or a higher educational institution.

2. Short-cycle education programmes shall be calculated in credits.

3. A short-cycle education programme may be implemented:

a) in accordance with the Law of Georgia on Higher Education, within a Bachelor's Programme or within an education programme corresponding to the generalised study results defined for Level 7 of the National Qualifications Framework that is also applicable to the generalised study results defined for Level 6 of the National Qualifications Framework;

b) in accordance with this Law, as a separate education programme.

4. The procedure and conditions for the admission to short-cycle education programmes provided for by paragraph 3(a) of this article shall be determined by the Law of Georgia on Higher Education.

5. The procedure and conditions for the admission to short-cycle education programmes provided for by paragraph 3(b) of this article shall be determined by the Ministry.

6. An educational institution of Georgia and a legal entity authorised to deliver a vocational training programme/vocational retraining programme may jointly deliver only the part/module of a short-cycle education programme for which they have obtained the right to deliver.

 

Article 11 - Work-based learning

1. Work-based learning shall be used in the delivery of vocational education programmes/short-cycle education programmes/vocational training programmes/vocational retraining programmes.

2. Some of the study results provided for by a vocational education programme/a short-cycle education programme/a vocational training programme/vocational retraining programme may be achieved in a real working environment through practical training or internship, as well as during studies at a training enterprise.

3. Some of the study results provided for by a vocational education programme/a short-cycle education programme/a vocational training programme/a vocational retraining programme may be achieved in a simulated work environment in an educational institution.

4. The procedure and conditions for delivering a vocational education programme/a short-cycle education programme/a vocational training programme/a vocational retraining programme in the form of work-based learning shall be determined by the Government of Georgia, upon the recommendation of the Ministry.

5. Occupational safety during work-based learning shall be ensured in accordance with the legislation of Georgia.

 

Article 12 - Joint vocational education programmes/short-cycle education programmes

1. For the purpose of the consolidation and optimal distribution of resources, and integration into the international educational area, a vocational education programme/a short-cycle education programme may be delivered jointly by several educational institutions of Georgia and/or educational institutions recognised in accordance with the legislation of a foreign country.

2. A joint diploma shall be issued after the completion of a joint vocational education programme/short-cycle education programme.

3. The procedure and conditions for preparing and delivering a joint vocational education programme/short-cycle education programme shall be determined by the Ministry.

4. Citizens of Georgia shall be admitted to joint vocational education programmes/short-cycle education programmes in accordance with the procedure established by the legislation of Georgia. Other persons shall be admitted to joint vocational education programmes/short-cycle education programmes in accordance with the procedure established by the legislation of a respective country, in one of the educational institutions provided for by a prior agreement of educational institutions delivering the programme.

5. A vocational student, who is enrolled in a joint vocational education programme/a short-cycle education programme of several educational institutions of Georgia, shall be counted toward the total number of vocational students determined for each educational institution of Georgia.

 

Article 13 - Vocational education exchange programmes/short-cycle education exchange programmes

1. Vocational education exchange programmes/short-cycle education exchange programmes may be delivered by educational institutions recognised in accordance with the legislation of Georgia or a foreign country.

2. The procedure and conditions for preparing and delivering a vocational education exchange programme/a short-cycle education exchange programme shall be determined by the Ministry.

3. A vocational student participating in a vocational education exchange programme/a short-cycle education exchange programme of an educational institution recognised in accordance with the legislation of a foreign country, who acquired the status of a vocational student in the educational institution recognised in a foreign country, shall continue the studies in a partner educational institution in Georgia on the basis of an act issued by the head of said educational institution.

4. A vocational student participating in a vocational education exchange programme/a short-cycle education exchange programme, who acquired the status of a vocational student in an educational institution of Georgia, shall continue the studies in a partner educational institution in a foreign country in accordance with the legislation of said country.

5. The status of a vocational student shall not be suspended for vocational students who go to a foreign country from Georgia within vocational education exchange programmes/short-cycle education exchange programmes.

6. Vocational students who arrive in Georgia from a foreign country within vocational education exchange programmes/short-cycle education exchange programmes shall not be counted toward the total number of vocational students determined for the educational institution of Georgia.

 

Article 14 - Official language training programmes/official language training modules

1. Official language training programmes/official language training modules shall be prepared and implemented in accordance with the procedure established by the Ministry.

2. An official language training module may be delivered as a part of a vocational education programme, a short-cycle education programme, a vocational training programme or a vocational retraining programme.

3. An official language training programme shall be independent from a vocational education programme, a short cycle education programme, a vocational training programme or a vocational retraining programme.

4. The procedure and conditions for admission to an official language training programme shall be determined by the Ministry.

5. The completion of an official language training programme/an official language training module shall be certified by a respective certificate.

 

Article 15 - Vocational training programmes and vocational retraining programmes

1. Vocational training programmes and vocational retraining programmes shall be prepared and approved by a legal entity authorised to implement such programmes.

2. The procedure for preparing and approving vocational training programmes and vocational retraining programmes shall be determined by the Ministry.

3. The obtaining by a legal entity of the right to deliver a vocational training programme and a vocational retraining programme shall be voluntary and shall be carried out under the procedure and conditions established by the Government of Georgia, for the purpose of issuing a certificate, a document certifying vocational education recognised by the State.

4. The procedure and conditions for admission to vocational training programmes and vocational retraining programmes shall be determined by the Ministry.

 

Article 16 - Certifying study results

1. As a result of mastering a basic vocational education programme/a secondary vocational education programme/a higher vocational education programme, an individual shall be granted respectively a qualification of Level 3/4/5 of the National Qualification Framework which shall be confirmed by issuing a diploma and a diploma supplement.

2. A diploma that is issued as a result of mastering a secondary vocational education programme, in which the study results of the secondary level of general education are integrated, shall be equal to a document certifying complete general education.

3. The precondition for issuing a diploma provided for by paragraph 2 of this article shall be the confirmation in accordance with the procedure established by the Ministry of the study results of the secondary level of general education achieved by a vocational student.

4. An individual shall be granted an associate degree that is a Level 5 qualification of the National Qualification Framework as a result of mastering a short-cycle education programme, which shall be confirmed by issuing a diploma and a diploma supplement.

5. The achievement of the study results provided for by a vocational training programme or a vocational retraining programme shall be confirmed by a certificate and a supplement.

6. The achievement of the study results provided for by a module shall be confirmed by a certificate and a supplement, upon request.

 7. If the study results provided for by a module are not fully confirmed, the educational institution delivering the module shall be obliged to issue, upon request, a statement on the confirmed study results within the module.

 

Article 17 - Recognition of informal education and formal education

1. Study results achieved within informal education and formal education shall be recognised in accordance with the procedure established by the Ministry.

2. Informal education within a regulated profession shall be recognised under the procedure and conditions established by the Government of Georgia.

3. Following the content-based examination when recognising the study results achieved within formal education, the correspondence of the study results provided for by one education programme to the study results of another education programme may determined, regardless of how they are formulated.

4. The recognition of formal education received within a short-cycle education programme provided for by Article 10(3)(b) of this Law shall be permitted with a bachelor's programme or with an education programme that corresponds to the generalised study results defined for Level 7 of the National Qualifications Framework, which also corresponds to the generalised study results defined for Level 6 of the National Qualifications Framework, provided that the right to study is obtained in accordance with the procedure established by the legislation of Georgia.

 

Article 18 - Recognition of vocational education received abroad

1. A qualification acquired in an educational institution of a foreign country or the study results achieved in an educational institution of a foreign country shall be recognised in accordance with the procedure established by the Ministry.

2. An individual holding an educational document of a foreign country shall be admitted to a vocational education programme/a short-cycle education programme in accordance with the procedure established by the respective educational institution, on the basis of a document certifying the recognition of education received abroad.

 

Article 19 - Regulated profession

1. A regulated profession is a high-risk profession that is related to human health, the development of a person and/or a high public interest.

2. Only law may define regulated professions that require the receipt of appropriate vocational education and/or passing a state certification examination and/or within which passing a respective examination and/or periodic vocational retraining is necessary for granting a qualification required for carrying out activities.

3. The procedure and conditions for holding a state certification examination in a regulated profession, as well as the procedure and conditions for periodic vocational retraining, shall be determined by the applicable legislation.

 

Chapter III - Management of the Vocational Education System

 

Article 20 - Principles of management of the vocational education system

The management of the vocational education system shall be carried out on the basis of the principles of publicity and transparency.

 

Article 21 - Government of Georgia

In the field of vocational education, the Government of Georgia shall:

a) implement state policy;

b) upon the recommendation of the Ministry, approve a vocational education development strategy;

c) upon the recommendation of the Ministry, approve the procedure and conditions for obtaining the right to deliver vocational training programmes and vocational retraining programmes, as well as the procedures and conditions for considering vocational training programmes and vocational retraining programmes as recognised by the State;

d) upon the recommendation of the Ministry, determine the procedures and conditions for delivering a vocational education programme/a short-cycle education programme/a vocational training programme/a vocational retraining programme in the form of work-based learning;

e) upon the recommendation of the Ministry, approve the procedure and conditions for obtaining the status of a training enterprise by an entity;

f) upon the recommendation of the Ministry, approve the procedure and conditions for obtaining the right of recognition of informal education;

g) upon the recommendation of the Ministry, determine the procedure and conditions for recognising informal education within a regulated profession;

h) upon the recommendation of the Ministry, determine the procedure and conditions for financing vocational education, short-cycle education programmes and official language training programmes;

i) upon the recommendation of the Ministry, determine the procedure and conditions for defining the value of products created/paid services provided within the educational process by an educational institution established by the State or with its participation, as well as for disposing of the revenues received from the said activities;

j) upon the recommendation of the Ministry, and taking into consideration the principle of social partnership, establish a consultative body in the field of vocational education and approve its statute;

k) upon the recommendation of the Ministry, approve the procedure for receiving a discount by a vocational student with a student card on the basis of an Identity (Residence) Card of the vocational student;

l) determine the procedure for preparing and approving an occupational standard(s);

m) upon the recommendation of the Ministry, determine the procedure and conditions for agreeing with the establishing body on the issue of establishing an entrepreneurial legal entity or a non-entrepreneurial (non-commercial) legal entity by a college established by the State or with its participation;

n) exercise other powers determined by the legislation of Georgia.

 

Article 22 - The Ministry

1. In the field of vocational education,the Ministry shall:

a) implement state policy;

b) be authorised to carry out the piloting of approaches/models to be introduced and allocate funds for private, public and civil sectors for this purpose, and issue in the field of vocational education, in addition to legal acts directly provided for by this Law, other legal acts that otherwise regulate appropriate legal relations with respective time limits to facilitate the piloting;

c) establish legal entities under public law for the purpose of delivering vocational education programmes/short-cycle education programmes/vocational training programmes/vocational retraining programmes/official language training programmes, approve their statutes and carry out state control thereof, as well as be authorised to merge, reorganise and liquidate them;

d) establish non-entrepreneurial (non-commercial) legal entities under private law for the purpose of delivering vocational education programmes/short-cycle education programmes/vocational training programmes/vocational retraining programmes/official language training programmes;

e) approve a regulation for the authorisation of educational institutions;

f) approve the procedure for the recognition of study results achieved within informal education and formal education;

g) approve a credit system in the field of vocational education;

h) approve the procedure and conditions for integrating the study results of the secondary level of general education in a secondary vocational education programme;

i) approve the procedure for preparing, developing and approving a vocational education standard and a module(s);

j) approve the procedure and conditions for preparing and delivering joint vocational education programmes/short-cycle education programmes, as well as the procedures and conditions for preparing and delivering vocational education exchange programmes/short-cycle education exchange programmes;

k) approve the procedure for preparing and delivering official language training programmes;

l) approve the procedure and conditions for admission to vocational education programmes, the procedure and conditions for admission to short-cycle education programme, and the procedure and conditions for admission to official language training programmes;

m) approve the procedure and conditions for admission to vocational training programmes and vocational retraining programmes;

n) approve the forms of a document certifying vocational education and its supplement, as well as the forms of a diploma certifying associate degree and of a diploma supplement;

o) approve the procedure for mobility of vocational students;

p) approve the professional standard for vocational education teachers;

q) approve the code of ethics for vocational education teachers;

r) approve the procedure and conditions for beginning a career, and for the professional development and career promotion of a vocational education teacher;

s) approve the procedure and conditions for the remuneration of vocational education teachers in educational institutions established by the State or with its participation;

t) develop the procedure and conditions for identifying the special educational needs of a person and delivering inclusive vocational education;

u) approve the procedure for confirming the study results of the secondary level of general education achieved by a vocational student within a vocational education programme in which the study results of the secondary level general education are integrated. The Ministry shall be authorised to establish, in accordance with the procedure provided for by this paragraph, the time limits and procedure for submitting and reviewing administrative complaints that are different from administrative complaints provided for by the General Administrative Code of Georgia;

v) approve a strategy of career guidance, counselling and career planning in formal education;

w) approve the procedure and conditions for establishing and administering a Vocational Education Management Information System;

x) exercise other powers determined by the legislation of Georgia.

2. The Ministry shall establish legal entities for the purpose of implementing unified state policy in the field of vocational education.

3. The Ministry shall be authorised to finance private, public and civil sectors within target programmes for promoting and developing vocational education.

4. The Ministry shall be authorised to determine a legal entity/legal entities within the system of the Ministry that has/have the authority to draft legal acts provided for by Article 21 of this Law and paragraph 1 of this article and to submit them to the Ministry.

 

Chapter IV - Legal Grounds for College Activities

 

Article 23 - Establishing a college, acquiring a status and carrying out educational activities by a college

1. A college shall be established and it shall carry out activities in the form of a legal entity under public law or a legal entity under private law.

2. A body of the executive authority of Georgia shall be authorised to establish, in agreement with the Ministry, a legal entity under public law or a non-entrepreneurial (non-commercial) legal entity under private law, for the purpose of carrying out vocational education activities.

3. A municipality shall be authorised to establish, in agreement with the Ministry, a legal entity under public law or a non-entrepreneurial (non-commercial) legal entity under private law, in accordance with the Organic Law of Georgia - Local Self-Government Code, for the purpose of carrying out vocational education activities.

4. A college that is a legal entity which has obtained authorisation shall have the right to deliver a vocational education programme, a short-cycle education programme or an official language training program provided for by this Law. A college shall be authorised to deliver, without additionally obtaining a right, a vocational training programme and/or a vocational retraining programme within a vocational education programme/a short-cycle education programme, the right of delivery of which the college has obtained following the authorisation.

5. A general educational institution shall be authorised, without establishing an independent legal entity, to deliver only a basic vocational education programme, a secondary vocational education programme, an official language training programme, a vocational training programme and/or a vocational retraining programme.

6. A higher educational institution shall be authorised, without establishing an independent legal entity, to deliver any type of a vocational education programme, a short cycle education programme, an official language training programme, a vocational training programme and/or a vocational retraining programme.

7. A higher educational institution shall be authorised to establish a non-entrepreneurial (non-commercial) legal entity for the purpose of delivering a vocational education programme and/or a short-cycle education programme.

8. Chapter X of this Law shall not apply to educational institutions operating in the form of a legal entity under private law (except for educational institutions established with the participation of the State), taking into account its contents.

 

Article 24 - Merger, reorganisation and liquidation of a college

The merger, reorganisation and liquidation of a college shall be carried out by its founder(s) in accordance with the procedure established by the legislation of Georgia.

 

Chapter V - Management of a College

 

Article 25 - Principles of managing a college and obligations of a college

1. The management of a college shall be carried out on the basis of the principles of publicity and transparency.

2. A college shall:

a) cooperate with employers and/or employers’ associations in the process of preparing and delivering a vocational education programme/a short-cycle education programme;

b) ensure the participation of vocational students, listeners, vocational education teachers and social partners in the decision-making process related to the development of the educational institution;

c) ensure the availability of made decisions to interested persons in accordance with the procedures established by the legislation of Georgia;

d) ensure the equal enjoyment by vocational students and listeners of the rights provided for by the legislation of Georgia;

e) notify vocational students in writing if the vocational education standard has been cancelled or one of the qualifications has been removed from the vocational education standard in accordance with the procedure for preparing, developing and approving a vocational education standard and a module(s), as well as if the vocational education standard has been changed, and explain to them the right provided for by Article 29(3) of this Law;

f) ensure the creation of an environment which is safe for health, life and property during class time in the premises of the college in accordance with the legislation of Georgia;

g) create all conditions necessary for the study process;

h) take into account the educational needs of adolescents and adults when planning and implementing the study process;

i) ensure the implementation of the measures provided for by the legislation of Georgia within the system of career guidance, counselling and career planning in formal education;

j) create conditions for delivering inclusive vocational education; if necessary, develop an individual curriculum for vocational students and listeners with special educational needs, in accordance with which the teaching, social adaptation and integration into social life of vocational students and listeners shall be ensured;

k) ensure the fulfilment of other obligations defined by the legislation of Georgia and the statute of the college.

3. The statute of a college shall determine the management bodies of the college, the procedure for electing/appointing them, the requirements to be met by them, their powers and the procedure for their activities.

4. A college shall be authorised to conclude a service agreement on the protection of safety and public order with the Legal Entity under Public Law called the Office of Resource Officers of Educational Institutions, for the purpose of ensuring safety and public order.

 

Chapter VI - Authorisation and Obtaining the Right to Deliver a Vocational Education Programme/Short-Cycle Education Programme

 

Article 26 - Authorisation

1. Following authorisation, a legal entity shall obtain the status of a college and shall be authorised to issue:

a) a diploma that is a document certifying education recognised by the State;

b) a certificate that is a document certifying education recognised by the State for a vocational training programme and/or a vocational retraining programme which is/are delivered within a vocational education programme/short-cycle education programme, the right of delivery of which the college has obtained through authorisation.

2. The college authorisation standards shall apply to:

a) the mission and strategic development of a college;

b) educational programmes;

c) vocational students and the measures to support them;

d) human resources;

e) material, information and financial resources.

3. A college shall be authorised to deliver only a vocational education programme and a short-cycle education programme specified in an authorisation application, as well as the vocational education programme and the short-cycle education programme, which the college added within the authorisation validity period through an application on adding education programmes.

4. A college shall be authorised to deliver, without additional authorisation, a vocational training programme and/or a vocational retraining programme within a vocational education programme, the right of delivery of which the college has obtained through authorisation.

 

Article 27 - Obtaining the right to deliver a vocational education programme/short-cycle education programme

1. A general educational institution shall obtain the right to deliver a basic vocational education programme and a secondary vocational education programme, and a higher educational institution shall obtain the right to deliver a vocational education programme and a short-cycle education programme, in accordance with the procedure established by a regulation for the authorisation of educational institutions.

2. In accordance with the procedure established by a regulation for the authorisation of educational institutions, a general educational institution delivering vocational education programmes shall be authorised to add basic vocational education programmes and secondary vocational education programmes, and a higher educational institution shall be authorised to add vocational education programmes and short-cycle education programmes, within the authorisation validity period.

3. A general educational institution/a higher educational institution shall be authorised to deliver, without additional authorisation, a vocational training programme and/or a vocational retraining programme within a vocational education programme, the right of delivery of which the college has obtained through authorisation.

 

Chapter VII - Vocational Education Teachers

 

Article 28 - Vocational education teachers

1. A vocational education teacher is a person who carries out the study process within vocational education.

2. The beginning of a career by vocational education teachers, and the professional development and career promotion of vocational education teachers, shall be carried out in accordance with the procedure and conditions for beginning a career, for professional development and career promotion of vocational education teachers.

3. The procedure and conditions for beginning a career, and for the professional development and career promotion of vocational education teachers, shall determine:

a) the procedure and conditions for beginning a career of a vocational education teacher;

b) the types of vocational education teachers;

c) the criteria and procedure for evaluating vocational education teachers;

d) other issues related to the professional development and career promotion of vocational education teachers.

 

Chapter VIII - Vocational Students and Listeners

 

Article 29 - Rights of vocational students and listeners

1. A vocational student/listener shall have the right to:

a) obtain quality vocational education;

b) use the logistical base, means of information, library and other learning resources in accordance with the procedure established by the legislation of Georgia and the legal acts of a respective educational institution/legal entity;

c) freely establish a professional and other student organisation and/or join the same, in accordance with his/her own interests;

d) exercise other powers granted to him/her by this Law and other legislative and subordinate normative acts of Georgia.

2. A vocational student shall have the right to enjoy the right of mobility of a vocational student in accordance with the procedure established by the legislation of Georgia.

3. If the vocational education standard is cancelled or one of the qualifications is removed from the vocational education standard in accordance with the procedure for drafting, developing and approving a vocational education standard and a module(s), or if the vocational education programme/the short-cycle education programme is changed, a vocational student shall have the right to complete the studies in the vocational education programme/the short-cycle education programme in which he/she studies or exercise the right of mobility of a vocational student.

4. Disciplinary proceedings against a vocational student/a listener shall be proportionate to the committed disciplinary misconduct. Disciplinary proceedings may be conducted only in accordance with the statute of the educational institution/procedure established by the legal entity and/or in the cases and in accordance with the procedures provided for by the internal regulations.

5. A vocational student/listener shall have the right to appeal to court a decision taken in relation to him/her by an education institution/a legal entity.

 

Chapter IX - Financing Vocational Education, Short-Cycle Education Programmes and Official Language Training Programmes and Economic Activities of Educational Institutions

 

Article 30 - Financing vocational education, short-cycle education programmes and official language training programmes

1. Vocational education, short-cycle education programmes and official language training programmes shall be financed in accordance with the legislation of Georgia by the bodies of the authority of Georgia, the ministries of the Autonomous Republic of Abkhazia and the Autonomous Republic of Ajara authorised in the field of education, and municipalities. Vocational education, short-cycle education programmes and official language training programmes may also be carried out by other agencies and organisations in accordance with the legislation of Georgia.

2. The bodies provided for by paragraph 1 of this article shall, in accordance with the procedure established by the Government of Georgia, ensure the financing of vocational education, short-cycle education programmes and official language training programmes in an educational institution established by the State or with its participation, as well as in an educational institution that is a legal entity under private law, in accordance with state policy and priorities.

3. The receivables and payables of a college established by the State shall be reflected in its budget. A college shall have an account with the State Treasury and a seal.

4. An educational institution established by the State may be financed from other sources permitted by the legislation of Georgia.

5. Vocational education, short-cycle education programmes and official language training programmes may be financed by natural persons or legal entities under private law.

 

Article 31 - Economic activities of educational institutions

1. An educational institution established by the State or with its participation shall be authorised to carry out economic activities, including the sale of created products/the provision of paid services during the study process, as well as to attract financial resources permitted by the legislation of Georgia, including receiving income from economic activities that are safe for human health and have no adverse effect on the quality of learning.

2. The purpose of the economic activities carried out by an educational institution established by the State or with its participation shall be only to ensure its economic stability, develop the study process, and attract additional funds for financing the study process and improve the quality of products created/services provided.

3. The funds attracted from the sale of products created/services provided during the study process and from economic activities of an auxiliary nature shall only be used in accordance with the legislation of Georgia for the achievement of the objectives of the educational institution and for the performance of its functions.

 

Article 32 - Establishment of other legal entities by a college

1. A college shall be authorised to establish an entrepreneurial legal entity or a non-entrepreneurial (non-commercial) legal entity to achieve the objectives determined by the statute of the college. In the case of the establishment of an entrepreneurial legal entity or a non-entrepreneurial (non-commercial) legal entity by a college established by the State or with its participation, the college shall own at least 50 % of the share/stocks.

2. Exercising the powers provided for by paragraph 1 of this article by a college established by the State or with its participation shall be agreed with its founding body/bodies.

 

Chapter X - State Control, Property, Reporting and Accounting of Colleges Established by the State

 

Article 33 - State control of colleges

1. The state control of a college established by the State shall be carried out by a respective founding body.

2. State control shall include supervision over the lawfulness (the fulfilment of the requirements of the legislation of Georgia and the individual administrative acts of the body carrying out state control), expediency and efficiency of the activities carried out by the college, and over its financial and economic activities.

3. A college shall submit to the controlling body a progress report for the previous year on the fulfilment of the requirements of the legislation of Georgia and on the study process. The forms and terms of the submission of the report shall be determined by an individual administrative act of the controlling body.

4. For the purpose of exercising state control, the relevant body shall be authorised to request the submission of materials and information, or it shall examine on site the fulfilment by the college of the requirements of the legislation of Georgia or an individual administrative act of the body carrying out state control.

 

Article 34 - Property of a college

1. The State shall transfer appropriate property to a college after it has been established, in accordance with the procedure established by the legislation of Georgia.

2. The buildings and structures and respective plots of land in use by a college shall constitute state property.

3. A college shall dispose of the property transferred to it by the State on the basis of the consent of the body carrying out state control, in accordance with the procedure established by the legislation of Georgia.

4. A college shall be authorised, on the basis of the consent of the body carrying out state control, to transfer the property acquired with the revenue received from economic activities to an entrepreneurial legal entity or a non-entrepreneurial (non-commercial) legal entity established by the college, on a gratuitous or a non-gratuitous basis, with the right to use. The property remaining as a result of the liquidation of an entrepreneurial legal entity or a non-entrepreneurial (non-commercial) legal entity, which was transferred to it in accordance with the procedure established by this article, shall be returned to the State in full after the liquidation has been completed.

5. The property remaining as a result of the liquidation of a college established by the State shall be returned to the State in full in accordance with the legislation of Georgia.

 

Article 35 - Reporting of a college

The procedure for reporting by a college shall be determined by a statute of the college.

 

Chapter XI - Vocational Education Management Information System

 

Article 36 - Vocational Education Management Information System

1. Information on educational institutions, respective education programmes, personal data of the personnel engaged in education programmes and the persons entitled to admission or admitted to the programmes (including data on their health status, in cases provided for by the legislation of Georgia), as well as other information provided for by the legislation of Georgia, shall be incorporated in the Vocational Education Management Information System.

2. Collecting, storing, processing, analysing and administering data by the Ministry in the Vocational Education Management Information System shall be ensured, under established procedures and in compliance with the requirements of the Law of Georgia on Personal Data Protection, by a legal entity under public law within the Ministry that shall be determined by the Ministry.

3. A legal entity under public law provided for by paragraph 2 of this article shall be authorised to receive and use personal data available in other legal entities under public law within the Ministry, for the purpose of performing the functions provided for by the said paragraph.

 

Article 37 - Obligations of an educational institution and the presumption of accuracy of the data in the Vocational Education Management Information System

1. Educational institutions shall be obliged to enter appropriate information in the Vocational Education Management Information System within the time limit established by the legislation of Georgia.

2. The failure of an educational institution to enter appropriate information in the Vocational Education Management Information System may serve as grounds for suspending a respective action to be performed based on the data in the Vocational Education Management Information System or for refusing the performance of such action.

3. In the case of a discrepancy between the information in the legal acts of an educational institution and the respective information incorporated in the Vocational Education Management Information System, the data of the Vocational Education Management Information System shall take precedence.

4. The forms of confirming the information entered in the Vocational Education Management Information System may be determined in cases provided for by the legislation of Georgia.

 

Article 38 - Responsibility for the accuracy and completeness of information entered in the Vocational Education Management Information System

An entity that has an obligation to incorporate information in the Vocational Education Management Information System shall be responsible for the accuracy and completeness of the information entered in the system.

 

Chapter XII - Transitional and Final Provisions

 

Article 39 - Transitional provisions

1. Vocational education institutions authorised in accordance with the Law of Georgia No 4528-Iს of 28 March 2007 on Vocational Education (vocational colleges and public colleges) shall be considered as colleges having obtained authorisation in accordance with this Law for the remaining validity period of the authorisation, and their vocational education programmes shall be considered as vocational education programmes of authorised colleges and, within the respective period:

a) a college shall be authorised to allow the vocational students admitted to a vocational education programme to complete their studies and grant them the qualification provided for by the programme, provided that the college has been delivering a vocational education programme created on the basis of the professional standard only. A college shall not be authorised to admit new vocational students to these programmes from 1 January 2019;

b) a college shall be authorised to allow the vocational students admitted to a vocational education programme to complete their studies and grant them the qualification provided for by the programme, as well as admit new vocational students to the programme, provided that the college has been delivering a vocational education programme created on the basis of the framework document on a vocational education programme. The regulatory provisions of Article 8(5) and (6) of this Law shall apply in the case provided for by this sub-paragraph.

2. The professional standard and the framework document on a vocational education programme approved in accordance with the Law of Georgia No 4528-Iს of 28 March 2007 on Vocational Education shall be considered to be an occupational standard and a vocational education standard established on the basis of this Law, until a respective occupational standard and vocational education standard are approved after the entry into force of this Law. All the actions carried out on the basis thereof before and after the entry into force of this Law shall be considered as actions carried out in accordance with the legislation of Georgia.

3. From 1 September 2017, by a decision of a relevant authorisation council, if a vocational education programme created on the basis of the framework document on a vocational education programme is changed, which resulted from the change in the framework document on the vocational education programme and from the bringing of the vocational education programme into compliance therewith, educational institutions shall be allowed to deliver, in parallel with the changed vocational education programme, the vocational education programme created on the basis of the framework document on a vocational education programme, that was available before the change, for a period during which the framework document of the vocational education programme is valid, only for the vocational students admitted to the programme. Education received by such vocational students/qualifications granted to them/ documents certifying qualification issued to them, as well as financing vocational education for them, shall be considered as actions carried out in accordance with the legislation of Georgia.

4. A Georgian language module integrated into a vocational education programme in accordance with the Law of Georgia No 4528-Iს of 28 March 2007 on Vocational Education shall be considered as an official language training module delivered in accordance with this Law.

5. Until 1 January 2019, educational institutions delivering vocational education programmes shall be authorised to issue a vocational diploma in accordance with the legislation of Georgia, instead of a diploma provided for by this Law.

6. The Ministry shall approve the procedure and conditions for equating documents certifying vocational education issued in accordance with the Law of Georgia No 4528-Iს of 28 March 2007 on Vocational Education, as well as documents certifying vocational education equated in accordance with the procedure established by the same law, with documents certifying vocational education provided for by this Law.

7. Vocational students who, before 1 May 2019, were admitted to a vocational education programme, in which the study results of the secondary level of general education are integrated, shall have the right to have confirmed the achievement of the study results of the secondary level of general education in accordance with the procedure established by the Ministry. If the achievement of the study results of the secondary level of general education has been confirmed, a document certifying vocational education issued to vocational students provided for by this paragraph shall be considered as a document equal to a document certifying complete general education. The Ministry shall be authorised to finance a vocational education programme in which the study results of the secondary level of general education are integrated.

8. The Ministry shall ensure the introduction of a vocational education programme provided for by Article 9(3) of this Law from 1 May 2019.

9. Within 6 months after the entry into force of this Law, the Ministry shall ensure the appointment, through competition, of the heads of colleges established by the Ministry. The appointment of the heads of colleges established by the Ministry in accordance with this paragraph shall result in the termination of the powers of the directors of colleges established by the Ministry that were appointed before the entry into force of this Law.

10. The register of educational institutions shall be the source of data for the Vocational Education Management Information System. The information available in the register of educational institutions before entry into force of this Law shall be considered as the information reflected in the Vocational Education Management Information System.

11. Within 1 year after the entry into force of this Law, the legal entities under public law determined by the Ministry shall ensure the implementation of measures necessary to enter the information available in the register of educational institutions in the Vocational Education Management Information System.

12. The procedure for keeping the register of educational institutions shall remain in legal force until the Procedure and Conditions for Creating and Administering the Vocational Education Management Information System enters into force and until the measures provided for by paragraph 11 of this article are completed.

13. The register of educational institutions shall be kept during the period provided for by paragraph 11 of this article in accordance with the procedures for keeping the register of educational institutions and actions carried out on the basis of the register of educational institutions shall be considered as actions carried out in accordance with the legislation of Georgia.

14. The subordinate normative acts issued on the basis of the Law of Georgia No 4528-Iს of 28 March 2007 on Vocational Education, as well as actions carried out before and after the entry into force of this Law, shall remain in legal force until the relevant acts have been issued on the basis of this Law.

15. Within 2 years after the entry into force of this Law, the Ministry, and the Government of Georgia upon the recommendation of the Ministry, shall ensure the issuance and adoption, respectively, of subordinate normative acts arising from this Law, and the compliance of the relevant subordinate normative acts with this Law.

 

Article 40 - Invalidated normative acts and entry into force of the Law

1. Upon the entry into force of this Law, the Law of Georgia of 28 March 2007 on Vocational Education (Legislative Herald of Georgia, No 15, 23.4.2007, Art. 117) shall be declared invalid.

2. This Law shall enter into force upon its promulgation.

 

 

President of Georgia                                                                                                                                           Giorgi Margvelashvili

Kutaisi

20 September 2018

No 3442-I

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