Bishkek April 30, 2003, # 92
THE LAW OF THE KYRGYZ REPUBLIC ON EDUCATION
Chapter I General Provisions
Chapter II System of Education
Chapter III Rights and Obligations of the Trainees, Teachers and Parents Provided for by the System of Education
Chapter IV Social Protection of Trainees and the Workers of the System of Education
Chapter V Management of the Education System
Chapter VI Finance and Economic Basis of Educational Development
Chapter VII International Cooperation and External Economic Activities in the Field of Education
Chapter VIII Final Provisions
Article 1
Basic Terminology
The following terminology is used in the present text of the Law:
Academic freedom means the right to develop the training programs within the requirements of the state educational standards, independent teaching of a training subject, choice of the topics for research and methodology and also the right of trainees to get knowledge according to their propensity;
Accreditation (certification) means acknowledgement of the status of an educational organization or educational program.
Governmental accreditation means the accreditation made by the governmental accreditation organization.
Institutional accreditation means definition (approval) of the status of an educational organization by the accreditation organization.
Programmatic accreditation means definition (acknowledgement) of conformity of an educational program with the state or other educational standards.
Bachelor is an academic degree of the basic higher vocational education, which entitles an individual for magistracy and involvement in professional activity.
Higher vocational education means education, training, retraining of the relevant level professionals corresponding to the relevant level of educational programs and standards.
Paid education means educational services provided by the state educational organizations on a paid basis.
Governmental policy in the field of education means directing and regulating activity of the government in the field of education with the purpose of efficient realization of the opportunities of education in order to achieve definite strategic objectives and implement the tasks of the nation-wide or global value. The policy is implemented through the legislation, national programs, and government decrees and also by involving voluntary organizations and social movements, general public in order to ensure support by the available means (mass media, social academies, professional associations, unions, etc.).
Distance-learning technologies are educational technologies realized mainly by means of application of information and telecommunication technologies with indirect or partially indirect interaction between the students and the teachers.
Additional education for the adults means better satisfaction of individual demands in continuous improvement of professional skill of workers, employees and experts due to continuous improvement of the educational standards.
Additional education for the children means better satisfaction of versatile interests and needs of children, teenagers and youth aimed at organization of their free time and rest, strengthening of health and vocational orientation.
Preschool education means an educational system aimed at primary preparation of the children for life and school, development of their creative abilities.
Licensing is provision of a license to the educational organizations, which allows them to be involved in educational activity with the purpose to maintain the quality of education at the level of requirements of the state standards.
Master is an academic degree of complete higher vocational education, which entitles one to postgraduate study, and be engaged in professional activity.
Primary vocational training is training of skilled workers (workers, employees) in the main directions of socially useful activity on the basis of the general or secondary general education.
Education is a continuous, systematic process of education and training aimed at harmonious development of an individual, society and the state, which is accompanied by acknowledgment of achievement by the trainees of the educational levels established by the state. Education means achievement and approval by the trainees of a certain educational level, which is certified by the relevant document.
Educational program means the content of education at a definite level, direction or occupation.
Educational process is an organized process of education and training in the form of various kinds of lessons with direct involvement of teachers and independent studies of the trainees, and also examinations, tests and other kinds of certification of the trainees and graduates. Educational process helps to realize educational programs.
Educational standard is a set of standards and rules, regulating the educational minimum of content in the main educational programs, basic requirements to the quality of preparation of graduates and maximum academic load of the trainees.
Educational strategy (strategy of education development) is the definition of the main directions and principles of development of the system of education as an integral social institute.
Post-graduate vocational training is education providing to the citizens an opportunity to improve their educational level and academic/pedagogical qualification on the basis of higher vocational training.
Vocational training is getting by the trainees knowledge and skills required for performance of certain work, group of works. Vocational training is not accompanied by increase of educational level of the trainees established by the state.
Education system is a set of interrelating continuous educational programs and the state educational standards of various level and orientation, educational organizations and individuals implementing the above and also education management bodies and subordinate institutions, organizations and enterprises.
Expert is a level of professional qualification of complete higher vocational training in the relevant field with the right to improve the professional skills in the relevant forms of postgraduate education.
Specialized education is training of children with bias in physical or mental development in specialized or normal educational institutions.
Secondary vocational training is training providing for acquiring by the trainees of professional knowledge and skills in a certain field (direction) on the basis of the main, secondary or general or primary vocational training.
Participants of educational process ate the trainees, pedagogical workers, support academic and administrative personnel of the educational organizations, parents (lawful representatives) of the trainees.
School (general) education is an educational system, providing knowledge relevant to the corresponding level and practical skills, sufficient for activity in a society.
External learning is independent studying by the trainees of the topics in the basic educational programs with the subsequent certification (current and final) in the corresponding educational organization.
All other special terms used in the field of education should not contradict the basic terms presented in this article
Article 2
Legislation of the Kyrgyz Republic on Education
The relations in the field of education are regulated by the Constitution of the Kyrgyz Republic, the present Law and other standard legal acts of the Kyrgyz Republic, international contracts and agreements in which the Kyrgyz Republic participate, which came into force in accordance with the procedure established by law and also the general principles and norms of the international law being a component of the legislation of the Kyrgyz Republic.
Article 3
Right to Education
Citizens of the Kyrgyz Republic have the right to education irrespective of sex, ethnicity, language, social and property status, type and character of employment, religion, political and religious beliefs, place of residence and other circumstances. Foreign citizens and people without citizenship residing in the territory of the Kyrgyz Republic shall get an access to education in accordance with the legislation of the Kyrgyz Republic.
Article 4
Principles of the Governmental Policy in the Field of Education
Education is a priority strategic direction in the governmental policy of the Kyrgyz Republic. Education in the Kyrgyz Republic is based on the principles, set forth in the international contracts and treaties, General Declaration of Human Rights, principles of democracy and humanistic values of people and global culture. The main principles of the organization of education are as follows: - equal right of all citizens of the Kyrgyz Republic to high-quality education; - obligatory and free access of each citizen to primary and basic education, and also free general secondary education in the governmental and municipal educational institutions; - access to free primary, secondary and higher vocational education in the state educational institutions within the requirements of the state educational standards; - access to paid education, including in the state educational organizations; - humanistic character of education, priority of universal values together with the national cultural wealth, public spirit, diligence, patriotism and respect for the rights and freedom of people; - orientation towards achievements of the national and global science and the international experience; - system and continuity of the educational process; - independence of education from political and religious institutes; - variety of the educational organizations per types and forms of training, education, directions of activity, patterns of ownership; - secular character of education in the educational organizations; - availability of average general education, conformity of the education system with the levels and features of development and preparation of trainees; - conditions for continuous creative growth of especially gifted trainees; - opportunity of functioning for non-governmental education agencies; - academic freedom of educational organizations and academic integrity.
Article 5
State Educational Standards.
In the Kyrgyz Republic the state educational standards are provided for all levels of basic education, which define the obligatory minimum content of basic educational programs, maximal volume of an academic load of trainees, requirements to the level of knowledge of the graduate, the forms of the documents certifying the degree of mastering by the trainees of certain educational programs. Observance of the state educational standards for the basic educational programs is obligatory for all kinds of the educational organizations irrespective of the form of education. The state educational standards are developed by the central governmental agency responsible for education in the Kyrgyz Republic and approved by the Government of the Kyrgyz Republic.
Article 6
Language of Education
The language policy in the educational organizations shall be pursued in conformity with the Constitution of the Kyrgyz Republic and legislation of the Kyrgyz Republic. All educational institutions irrespective of ownership shall provide knowledge and development of the Kyrgyz language as the state language, studying of Russian language as an official language and also studying of one of foreign languages in accordance with the state educational standard for each level of education. Also, education can be provided in any other language if the necessary conditions are available. Under the international agreement the government shall promote access to education in the state language of the Kyrgyz Republic to the representatives of the Kyrgyz people living outside the Kyrgyz Republic.
Article 7
The Governmental Guarantees of the Right of the Citizens of the Kyrgyz Republic to Education
The state in the person of the Government of the Kyrgyz Republic shall secure the right of the citizens to education by means of the following actions: - creation of the education system corresponding to the interests of an individual, society and the state; - creation of the necessary social, economic and legal framework for free obligatory basic general education, available to all free general secondary education, free primary vocational education and on a competitive basis, secondary vocational and higher vocational education and post-graduate vocational training in the state educational organizations based on the state order and educational standards if such level of education is pursued for the first time. Free education for trainees it secured by the budgetary financing of the expenses of the state educational organizations, payment from the budget for purchase of educational services of the educational organizations or granting of the state educational grants; - securing of social and legal protection of the trainees and students irrespective of the form of training, education, type of educational organization and patterns of ownership; - publication of textbooks, training and methodical manuals and distribution of the above to the state and municipal educational institutions.
Article 8
The Governmental Stimulation of Educational Development
The state shall carry out the priority policy with regard to financing of education, payment for workers of the education system of the state educational organizations and support prestige of pedagogical, scientific and tutorial activity in the society. The state awards, honorary titles and special rewards for major input into the system of education shall be established in the Kyrgyz Republic.
Article 9
Legal Status of an Educational Organization
An educational organization is a legal person. The legal status of the interstate educational organizations is established based on the intergovernmental contracts. Rights of the legal person, as well as civil rights of the educational organizations with regard to all kinds of chartered activity become valid since the moment of their registration and receipt of the license for educational activity. The status of an educational organization (type, kind and category, determined according to the level and orientation of their educational programs) shall be established (confirmed) during its accreditation (certification). Some state educational organizations contributing significantly to education, training and vocational orientation of the people can be awarded the status "National" in accordance with the procedure established by the legislation of the Kyrgyz Republic. The rights and authorities of an educational organization shall be established by the present Law, other standard legal acts of the Kyrgyz Republic, regulations about the relevant types of educational organizations, approved by the central state body in education of the Kyrgyz Republic and the charters developed on their basis.
Article 10
Charter of an Educational Organization
Charter of an educational organization shall be approved by its founder (founders); an educational organization is registered in accordance with the procedure provided for by the Civil code of the Kyrgyz Republic and the Law of the Kyrgyz Republic "On the state registration of legal persons". The charter of an educational organization shall contain: - name, place (legal address) and the name of a founder (founders); - subject and objective of the activity; - list of educational and other services, procedure of their granting; - procedure of admittance to the educational organization; - procedure of sending down the trainees; - organization of educational process, including the language (languages) of training and education, schedule of studies of the trainees; - procedure of employment of workers to the educational organization, conditions and payment, their right and duties; - structure and procedure of financial and economic activities, sources of financing, logistics of the activity of an educational organization; - bodies of an educational organization, their competence and management procedure; - procedure to change the charter; - procedure of reorganization and liquidation of an educational organization.
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Article 11
Educational Programs
General (main and additional) programs and vocational (main and additional) educational programs are implemented in the Kyrgyz Republic. General educational programs are directed at formation of the general culture and adaptation of an individual to the social life, creation of a basis for the determined choice and mastering of a vocational educational program. The general educational programs cover: - preschool education; - primary general education; - basic general education; - secondary general education; - additional education. Vocational educational programs are directed at consecutive increase of the professional level, training of the professionals with the relevant qualifications. The vocational programs cover: - primary vocational training; - secondary vocational training; - higher vocational education; - post-graduate vocational training; - additional vocational training. The obligatory minimum content and normative period of mastering of each of the basic general educational program or basic vocational educational program shall be established by the corresponding state educational standard.
Article 12
Educational Organizations
The educational organizations include preschool educational organizations, general educational organizations (schools, lyceums, grammar schools), out-of-school educational organizations, specialized educational organizations, organizations of additional education for the children, teenagers and youth; organization of primary (vocational lyceum, vocational school, etc.), secondary (school, college, technical school etc.), higher (institute, academy, university, conservatory, etc.) and post-graduate vocational training, organizations of additional vocational training.
Article 13
Founders of Educational Organizations
Founders of educational organizations can be governmental bodies and local governments, legal and physical persons if they observe the state educational standards; foreign states and international organizations in accordance with the international contracts. The educational organizations, which provide vocational educational programs for the Armed forces of the Kyrgyz Republic, the ministries and other executive agencies, in which military service is stipulated by the legislation of the Kyrgyz Republic, shall be created by the President of the Kyrgyz Republic. At the beginning an educational organization, except for exclusive cases, gets the following initial status: in school education - a comprehensive school, in secondary vocational training - secondary vocational educational institution, in higher vocational training - institute. The founders of the state educational organizations of higher vocational training shall be the Government of the Kyrgyz Republic, the central state body on education of the Kyrgyz Republic, the ministry and the state committees. In case of reorganization of the government bodies, government authorities in education and (or) locals governments the right of the founders shall be transferred to the corresponding assignees. The names of outstanding people shall be assigned to the educational organizations as agreed with the central state body on education of the Kyrgyz Republic.
Article 14
Forms of Education
Educational programs are pursued in view of the needs and capabilities of the trainees in the following forms: internal, internal/external (by correspondence or by evening classes), by correspondence, distant learning, external learning as well as family and individual education at preschool, school and out-of-school levels. The list of occupations and professions excluded from the external form of learning, internal/external learning (evening classes), by correspondence, distance learning shall be defined by the central state body on education of the Kyrgyz Republic. The occupation and professions excluded from internal/external (evening classes), by correspondence and in external forms can have limitations for distant learning in accordance with the procedure established by the central state body on education of the Kyrgyz Republic. The educational organization can use distant learning technologies for realization of educational program in part or in full in accordance with the procedure established by the central state body on education of the Kyrgyz Republic.
Article 15
Preschool Education
Preschool education carried out in a family and in preschool educational organizations lays the basis of physical, intellectual and moral development of an individual. Parents (legal representatives) are obliged to lay the basis of physical, moral and intellectual development of a child at early age. The state guarantees financial and material support for the education of children of early age, provides access to educational services of preschool educational organizations to all the groups of the population. The network of preschool educational organizations is helping the families in education of preschool children, protection and development of their physical and mental health, individual abilities and necessary correction of development. The relations between the preschool educational organizations and parents (legal representatives) are regulated by the agreement between them, which cannot limit the rights of the parties established by the law. The local governments organize and coordinate methodological, diagnostic and counseling help to families, bringing up children of preschool age at home. The preschool educational organizations are intended for children in the age group between 6 months and 7 years old. Preschool education is carried out in the state, municipal and private preschool organizations and preschool organizations of alternative educational structures. The status and salaries of the teachers in the preschool organizations are the same as those of elementary education.
Article 16
School Education
School education is the main part of the education system and includes 3 steps: - primary general education - 1-4 grades; - basic general education - 5-9 grades; - secondary general education - 10-11 grades. Primary general and basic general schooling is obligatory for all citizens of the Kyrgyz Republic and is free in the state and municipal educational institutions. The state secures the right of its citizens to free general secondary education in the state and municipal educational institutions at the level of the state educational standards. The school education provides knowledge and skills and development at all stages sufficient for active social life of an individual; forms the basis for mastering of certain professions and qualifications. As a rule, children start attending school at the age of 6-7 years old; duration of training in each grade is minimum one academic year. The primary general education is aimed at development of a child's personality, development of child's mental abilities, creation of strong skills of counting, reading and writing in the language of teaching, and also communication skills in the state and official languages. The primary general and basic general education is carried out during the daytime. All the students who graduated from an elementary school are accepted without competition for training under the programs of basic general education. Graduates of primary specialized schools are accepted under condition of their ability to cope with the programs of the basic general education. The people with basic general education have the right to continue their education under the programs of primary vocational and secondary vocational training. The secondary general education provides fundamental theoretical knowledge, general standards and extensive knowledge in each of the subjects based on the interests and abilities of the students, required for continuation of education under the programs of secondary vocational or higher vocational training. All willing graduates of basic general school are accepted free-of-charge in the state secondary school.
Article 17
Additional Education for the Children, Teenagers and Youth
Additional education of children, teenagers and young people is realized in the out-ofschool, preschool educational organizations, schools and other organizations of additional education; it provides for development of motivation of people to gain knowledge and develop creativity, realization of additional educational programs and services in the interests of an individual, society and the state and is carried out on a voluntary basis. The state provides financing to the state educational organizations of additional education of children, teenagers and youth based on procedure established by the Government of the Kyrgyz Republic.
Article 18
Extracurricular Education
Extracurricular education is provided in the network of the out-of-school educational organizations of cultural/aesthetic, natural-science, environmental -naturalistic, technical, sports and other directions with a view of full satisfaction of versatile interests and needs of children and teenagers, organization of their free time and rest, strengthening of their health, vocational counseling and moral and intellectual development. The state provides financing for the state out-of-school educational organizations.
Article 19
Vocational Training
If necessary, the government creates adequate conditions for vocational training to the people without basic general education. Vocational training can be received in educational organizations of initial vocational training, other educational organizations and by individual preparation by the experts with the relevant licenses.
Article 20
Primary Vocational Training
Primary vocational training includes training, raising the level of one's professional skills and retraining of qualified workers. The people with basic general or secondary general education are admitted for training under the programs of primary vocational training. The skilled workers are trained under the uniform integrated program of general and vocational training. If necessary conditions for vocational training are created for the people without basic general education. Programs of primary vocational training are realized in the educational organizations of primary vocational training. The people who completed training under the program of primary vocational training are assigned qualification in a certain occupation.
Article 21
Secondary Vocational Training
Secondary vocational training assumes training and retraining of the professionals at the middle level on the basis of basic general or secondary general education. Those who successfully completed training under the programs of secondary vocational training are assigned qualifications in the relevant occupation. Programs of secondary vocational training are realized in the educational organizations of secondary professional and higher vocational training.
Article 22
Higher Vocational Training
Higher vocational training includes training and retraining of bachelors, professionals and masters with the purpose of satisfying their needs in extending their education on the basis of secondary general, secondary vocational and higher vocational training. Programs of higher vocational training are realized in the educational organizations of higher vocational training (higher educational institutions). The people with secondary vocational training of the adequate profile are entitled to higher vocational training under the accelerated programs. The persons with higher vocational training are entitled to the second and third higher vocational training under the accelerated programs. The list of directions and professions of higher vocational education, standard period of training, procedure of their realization are defined by the state educational standards. Access to higher vocational training is possible only upon availability of the secondary school certificate, diploma of the secondary vocational training or diploma of the higher vocational training (for the second, third and so on higher education).
Article 23
Post-Graduate Vocational Training
Post-graduate vocational training assumes realization of training programs for academic and academic-pedagogical staff with scientific degrees of a candidate and doctor of sciences. As a rule, the scientific and scientific-pedagogical staff is trained through competition, postgraduate study, adjunct and doctoral studies provided in the educational organizations of higher vocational training and scientific institutes. Academic degrees of a candidate or doctor of sciences are awarded by the state certification body on the basis of the application from the dissertation council accepted by results of public presentation of the dissertation by the applicant. Academic degrees of the senior scientific fellows, senior lecturers and professors are provided by the state body of certification on the basis of the decision of the scientific (scientific and technical) council of a higher educational institution (scientific research institute) about award of an academic degree. Organization of post-graduate vocational training is defined by the legislation of the Kyrgyz Republic.
Article 24
Additional Education of Adults
Additional education of adults (including retraining and refresher courses) is carried out through the system comprising different educational organizations. The primary objective of additional education of adults is full satisfaction of their needs in self-improvement, self-realization and need to change qualification. The additional educational programs include educational programs of various orientations implemented: - in the educational organizations of general and vocational training outside the basic educational programs; - in the educational organizations of additional education (refresher courses in musical and art schools, schools of arts and other educational organizations having corresponding licenses); - by means of individual pedagogical activity.
Article 25
Documents on Education
The educational organizations, except for preschool and additional education which have got licenses and the document of the state accreditation (certification), give out to the graduates who completely mastered basic general educational and (or) basic professional educational programs and have passed final state certification exams the relevant document on education (not more than one for each educational organization) and (or) the state qualifications. In case of graduation from the branch or other independent division (legal entity) of the higher educational institution the document on education shall indicate the above branch or division and the place. The state document certifying the relevant educational level and qualification is the necessary condition for continuation of training under the programs of the next educational level. The qualifications indicated in the documents of the state format given upon graduation from primary, secondary and higher vocational training institutions and scientific degrees and ranks indicated in the documents provided after post-graduate vocational training entitle their holders to pursue professional activity according to their education and qualifications; they also can get positions which have obligatory qualifying requirements as to the corresponding educational level. The educational organization keeps individual record of the achievements of the students and how they master educational programs, and also they keep the above data in archives in hard copy (paper) and (or) in electronic format in accordance with the procedure established by the central state body on education of the Kyrgyz Republic. Documents about education of the state format are referred to as documents of obligatory reporting, i.e., produce, storage and delivery of the above documents is considered as the sole prerogative of the state body responsible for keeping record and service of the State register of the personified documents in the Kyrgyz Republic.
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Chapter III
Rights and Duties of Trainees, Teachers and Parents in the Education System
Article 26
Rights and Duties of Trainees
Rights and duties of trainees in the educational organizations of various types and kinds shall be defined by the present Law and the relevant provisions on the educational organizations. The trainees educated in any type and kind of the educational organization have the right to choose the educational organization at any stage of education (in higher vocational training after the first year of training) and form of education; to get education in accordance with defined state educational standard; choose individual educational services within the framework of this standard; to have his/her human rights respected and to express free his/her own views and beliefs. The trainees in the educational organizations who make use of distant learning technologies for realization of educational program in full volume enjoy the same rights and duties as all the trainees; and upon graduation he or she is entitled to get the standard documents on education provided by the above educational organizations. The citizens who have been educated in the form of individual education and selfeducation in the institutions, which have not received prior accreditation, have the right to the exams similar the ones provided to the externally trained people (in special, unusual cases) in the accredited educational organizations of corresponding type. The plan of admittance of the students by the higher educational institutions of the Kyrgyz Republic whose study would be paid from the state budget shall be kept at the level not below the plan of 2000. Students in those higher educational institutions, which have the license or the state accreditation (certification), have the right to get a delay from the call-up to the military service. Students are obliged to master educational programs at the level required by the state educational standards, observe internal regulations of the educational organization, respect national traditions, bear legal responsibility for the damage brought to the educational organization in accordance with the procedure established by the legislation of the Kyrgyz Republic. The Government of the Kyrgyz Republic shall be responsible for the procedure of job placement and using the services of the graduates.
Article 27
Rights and Duties of Parents (Legal Representatives)
Parents (legal representatives) of minor children have the following rights: - to choose the form of training, types and kinds of educational organizations, and also provide education to their child in a family (in exceptional cases); - to send their child to the educational organizations at any stage of training for continuation of his/her studies; - to demand respect of the student's rights to education within the framework of the state educational standards. In exclusive cases, parents (legal representatives) have the right to provide their child with primary general, basic general and secondary general education in a family. The child who receives education in a family is entitled at any stage of education and upon positive certification and after the relevant decision of his/her parents (legal representatives) to continue education in the educational organization. Parents (legal representatives) are obliged: - to create enabling conditions of living and education for their children which secure health, spiritual and physical development, moral development in a family; - to place children in the educational organizations and guarantee their receiving of basic general education; - to cooperate with the educational institutions. If the parents (legal representatives) fail to fulfill their duty pertaining to provision of basic general education to their child, they are subject to administrative liability according to the legislation of the Kyrgyz Republic.
Article 28
The Right to Pursue Pedagogical Activity
Individuals with the required background education and relevant pedagogical qualifications can pursue pedagogical activity. Individuals without pedagogical education and relevant qualifications have the right to pursue pedagogical activity only after they received adequate retraining. As a rule, only people with education at least at the level of master degree are allowed to pursue pedagogical activity in the organizations of higher vocational training. The people who were previously convicted or people who have medical contraindications (see the list defined by the legislation of the Kyrgyz Republic) shall not be allowed to pursue pedagogical activity. People are deprived of the right to pursue pedagogical activity according to the legislation of the Kyrgyz Republic.
Article 29
Rights and Duties of Teachers
Teachers have the right to the following: - free choice of methods and forms of organization of pedagogical activity; - practical application of the advanced pedagogical experience; - protection of their dignity and professional honor; - adequate conditions for professional work; - increase of their professional level and qualification at the expense of the state in accordance with the procedure determined by the central state body on education of the Kyrgyz Republic. Teachers are obliged: - observe the pedagogical ethics; - ensure understanding by the students of the educational programs at the level not lower than required by the state educational standards; - develop independence, creative attitude, high morals in behavior of the trainees; - improve continuously their professional level and qualifications at least once in 5 years; - avoid methods of physical and moral violence towards trainees.
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Chapter IV
Social Protection of the Trainees and Workers of the Education Systems
Article 30
Social Protection of the Trainees
The state is responsible for creating enabling environment for training, providing the trainees with rooms for training, equipment, hostels, manuals, material aid, privileges for meals and transport, health services and recreation, textbooks (students whose training is paid from the national and local budgets get scholarships based on the procedure and in the amount determined by the Government of the Kyrgyz Republic) as established by the Government of the Kyrgyz Republic. To secure social support for the students trained in educational organizations of primary vocational, secondary vocational and higher vocational training they are entitled to social credits for education. The regulations pertaining to social educational credits shall be developed and approved by the Government of the Kyrgyz Republic. The students who are trained by correspondence or distant training within the framework of the first higher vocational training are entitled to the side benefits to be provided in accordance with the procedure established by the labor legislation of the Kyrgyz Republic. Heads of the educational organizations can provide the students educated by correspondence or distant learning additional benefits for getting the second higher education if the above education is urgently required by their industrial enterprise. The children-orphans and children left without parental care (legal representatives) shall be entitled to the government support until they come of age. The students can be involved in extra-curricular activities only after the relevant permit received from the central state body on education of the Kyrgyz Republic. The people who violate that rule (directly or indirectly) which resulted in infringement of educational process shall compensate moral and material damage to the trainees.
Article 31
Health Protection of Children and Students
The educational organizations and local governments shall create the environment securing protection and strengthening of health of the children and students.ducational and labor loading, mode of teaching of the students, including physical training shall be defined by the educational organization on the basis of recommendations by the state bodies on education of the Kyrgyz Republic as agreed with the state bodies of the Kyrgyz Republic in the field of public health services. For children requiring extensive medical treatment, the Government of the Kyrgyz Republic and local government shall create conditions for training in the health care institutions. Educational activities can be carried out also in-home and in medical institutions.
Article 32
Social Protection of the Workers of the Education System
The wages and salaries of the worker of the educational organization shall be paid for performance of their functional duties and the activities stipulated by the labor contract (agreement). When a worker performs other job and responsibilities the above work and responsibilities shall be paid under the additional contract based on the volume of work, except for the cases stipulated by the legislation of the Kyrgyz Republic. The rates and salaries of the workers in the state education systems shall be established in accordance with the flat rate taking into account education, pedagogical experience, results of certification, performance, documents certifying upgraded professional skill, documents confirming scientific degrees, state awards and ranks. The initial level of wages and salary rates shall be established at the amount not below the level of average wages in the Kyrgyz Republic. The educational organizations within the limits of available resources for payment of salaries can independently establish additional payment for the people involved in scientific research and training of the scientific and pedagogical staff. he education staff are entitled to the following extra payment: - for doctoral degrees at the amount of at least six minimal wages, candidate degree at the amount of at least three minimal wages; - for 5 years of experience in pedagogical work at the amount of not less than ten percent, 10 years - not less than twenty percent, 15 and more years - not less than thirty percent of the salary. The standard academic load for the teachers of the first step of education shall be set at 16 hours per week, for teachers of the second and third steps of education - 18 hours. The educational organization within the limits of the resources available for payment of salaries and wages can establish bonuses, other kinds of incentives and compensations to the employees and also allocate funds for purchase of educational, methodical and scientific literature. The workers of the education system living in the countryside and in settlements of city type are entitled to land allotments, real estate and other property similar to the farmers. The young teachers arriving for work in rural schools are provided with a lump sum at the amount of ten official salaries for household expenses; the sum is paid from the local budget. The workers of the educational organizations are entitled to extra payment for checking of the students' writing-books and written works, management of subject classrooms, grade management and other payments stipulated by the Government of the Kyrgyz Republic and the central state body on education of the Kyrgyz Republic. The workers of the educational organizations every year are obliged to pass free medical check-up in the state outpatient clinic.
Article 33
Social Protection of the Students with Different Abilities
The state pursues a policy of social protection of the childhood and undertakes the responsibility for protection and securing the children-orphans, and also children with severe diseases or children with some physical or intellectual deficiencies. Children in the children's homes have the right to free primary vocational training after they received basic general education (secondary general education). The children with physical or intellectual deficiencies can attend specialized groups, classes or organizations providing for them treatment, education and training, social adaptation and social integration. Opening and liquidation of the organizations for children with physical or intellectual deficiencies shall be the responsibility of the Government of the Kyrgyz Republic. The children are sent to such organizations after the relevant resolution of the medical board and upon consent of their parents (legal representatives) in accordance with the established procedure. The above medical boards shall be responsible for selection of the categories of children to be sent to those organizations as well as the category of full state support. Special education and counseling organizations are established for those children who can present danger to the society and require special conditions of education and training. The above organizations provide education, vocational training and medical and social rehabilitation. The children representing social danger and requiring special conditions of education and training shall be sent to such organization only after the relevant decision of court. The administration of the above institutions and the central state body on education of the Kyrgyz Republic shall create adequate conditions for the children in those correctivelabor institutions so that they can get basic general and primary vocational training, and also conditions for self-education.
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Chapter V
Management of the Education System
Article 34
State Bodies Managing the Education System
The President of the Kyrgyz Republic, Jogorku Kenesh of the Kyrgyz Republic, Government of the Kyrgyz Republic, central and regional governmental bodies responsible for education in the Kyrgyz Republic and local governments shall manage the education system. The structure of the state management of the education system shall be developed and approved by the Government of the Kyrgyz Republic within the limits of its powers under the law.
Article 35
The Competence of the Government in Educational Management
The following is within the competence of the state in the field of education: - formulation and realization of the state educational policy, strategy of educational development and definition of priorities in this sphere; - legal regulation of the relationships in the field of education at the national level; - setup of the state budget based on the standards of expenditures on education and procedure of financing of the education system; - general educational/scientific/methodological management of all education organizations irrespective of their departmental subordination and patterns of ownership; - making a list of the state higher educational institutions of the national and regional significance for state financing; - information support for the education system, organization of publication and release of educational literature and manuals; - setup of the standard period of training per educational level; - setup of a list of professions and occupations for the educational organizations; - setup of the state educational standards; - development and realization of the national and international programs of educational development; - control over observance of the legislation of the Kyrgyz Republic pertaining to education; - guarantee of the quality of education through the institutes of licensing, testing and accreditation; - support and development of trustee boards and educational movements; - personnel policy within the limits of the powers provided by the law.
Article 36
The Competence of Local Government
The following refers to the competence of the local government in the field of education: - development of a network of educational organizations and securing the rights of the citizens to education; - economic service and financing of the subordinate educational organizations; - guardianship of minor orphans and children without parental care, protection of their rights, placement of such children in children's homes, boarding schools and foster families for education or adoption; - free supply of textbooks to the students in rural schools and the children from lowincome families; - coordination of the issues of vocational training of the youth. The local government can establish educational organizations in accordance with the established procedure with the resources from the local budget, having provided them with the necessary pedagogical (scientific and pedagogical) staff, material and technical basis. Institutions of local government shall be obliged to provide rural schools with land allotments from the Fund of agricultural land redistribution.
Article 37
The Competence of The Educational Organizations
The educational organizations shall be independent in their personnel policy within the competencies provided for by the law; in selection of methods of training and education, definition of directions of scientific research, handling organizational, professional, financial and economic and other issues within the limits of the charter, founding agreement, legislative and other standard legal acts of the Kyrgyz Republic. The educational organization is independent in a choice of appraisal system, forms, procedures and regularity of intermediate certification of the trainees, methodologies of training and technologies, including distant learning technologies. The educational organization can use remote educational technologies for realization of educational program in part or in full (except for some occupations) in accordance with the procedure established by the central state body on education of the Kyrgyz Republic. The educational organizations can create structural divisions with the status of a legal person or a branch, transferring to them part of their assets. Structural divisions have no right to create branches and other divisions. It is not allowed to establish duplicating structural divisions (institutes, centers, faculties, etc.) for educating students, training and retraining of personnel on one subject within the framework of one educational organization of the higher vocational or secondary vocational training. The type and status of the educational organization shall be established during the process of institutional accreditation.
Article 38
Management of the Educational Organizations
Management of the educational organizations shall be established based on principles of democratization, decentralization, independence and self-managementThe following forms of participatory management of the educational organizations are possible: general meeting, trustee board, scientific, pedagogical and other boards or committees. The procedure of selection of participatory management bodies and their competence, separation of responsibilities between the board and the head of the educational organization shall be defined by the legislation of the Kyrgyz Republic and the charter of the educational organization. The rector, director, manager or administrator are responsible for direct management of the educational organization. Heads of the state preschool educational organizations, schools, organizations of outof-school, specialized and additional education of children, teenagers and youth; educational institutions of primary vocational and secondary vocational training financed from the national budget, shall be appointed by the central state body on education of the Kyrgyz Republic; and for the organizations financed from the local budget by the regional state body on education. Heads of the state higher educational institutions are elected for the period of 5 years from among the experts with a scientific degree of the corresponding profile and qualification on an alternative basis, by secret ballot at the general meeting of the faculty and appointed for the position by the central state body on education of the Kyrgyz Republic. After expiry of the term of the head of the state higher educational institution he or she within 3 years retains the right to hold without competition the previously held position (or equivalent) if he or she worked in the given educational institution before promotion. Heads of non-governmental educational organizations and their divisions are appointed by the founders from among the experts with a scientific degree of the corresponding profile and qualification. Procedure of appointment and also competencies of the heads are defined by the founders according to the present Law and other standard legal acts of the Kyrgyz Republic and fixed in the charter of the educational organization. Heads of structural divisions of the state educational organizations are appointed from among the experts of the relevant profile and qualification, having scientific degrees, on contractual/competitive basis in accordance with the procedure established by charters of the educational organizations. Heads of the educational organizations realizing professional educational programs for the Armed forces of the Kyrgyz Republic, ministries and other executive authorities in which military service is stipulated by the legislation of the Kyrgyz Republic are appointed by the decision of the founder or by the order of the head of corresponding department.
Article 39
Relationships Between the Educational Organizations and Public, Political and Religious Organizations, Associations and Unions
Public organizations and associations (unions, academies, professional associations, educational/methodological associations, scientific/methodological, scientific and technical and other councils and organizations) can be established within the education system. It is forbidden to establish political and religious parties and organizations inside the educational organizations. Workers, university students and students from educational organizations have the right to be members of political parties and organizations registered in accordance with the procedure provided for by the legislation of the Kyrgyz Republic. The relationships between the educational organizations and those public organizations whose activity is in line with the basic directions of activity of the educational organizations shall be regulated on contractual basis.
Article 40
Licensing and Accreditation (Certification) of Educational Organizations and Educational Programs, Testing of the Trainees
The procedure of licensing, accreditation (certification) of educational organizations and programs as well as testing of the trainees shall be established by the corresponding provisions approved by the Government of the Kyrgyz Republic. People are admitted to higher educational institutions based on the results of the national testing. The state certification of secondary school graduates can be combined with the national testing. Readiness of the educational organization to realize educational programs, including the ones based on distant technologies is established at licensing for the right to conduct educational activity. Religious educational organizations (associations) shall receive a license for the right to conduct educational activity only after the relevant application from the leaders of the corresponding religion and upon consent of the authorized body on religious affairs in the Government of the Kyrgyz Republic. The educational organizations, except for the state school, preschool and out-of-school educational institutions start their educational programs only after reception of corresponding licenses. The state inspection on licensing and accreditation (certification) at the central state body on education of the Kyrgyz Republic shall provide licenses and accreditation (certification) to the educational organizations not less than once in five years. The educational organizations, which passed the state accreditation (certification), are entitled to provide their graduates with the documents based on the state standard. Accreditation (certification) of higher educational institutions by voluntary, professional and other associations, and also foreign and international accreditation is voluntary (at the request of an educational institution) and shall be made in accordance with the procedure determined by the corresponding association (foreign, international organization).
Article 41
Reparation of Damages Caused by Low-Quality Education Service
When the educational organization of secondary vocational or higher vocational training provided low-quality training of graduates any physical or legal person of the Kyrgyz Republic is entitled to bring a suit against such organization claiming compensation of additional expenses required for retraining of the above graduates in other educational organizations.
Article 42
Reorganization and Liquidation of the Educational Organizations
An educational organization can be reorganized or liquidated in accordance with the procedure provided for by the legislation of the Kyrgyz Republic. An educational organization can be reorganized into a different type educational organization if the founder takes up responsibility to maintain the required parameters of the educational organization and ensures their observance as well as observance of the rights of the trainees. As a rule, an educational organization shall be subject to reorganization or liquidation at the end of an academic year. In such a case the founder shall be responsible for transfer of the trainees to another educational organizations as agreed with their parents (legal representatives). Upon liquidation all the money resources and other assets, which belong to the educational organizations, minus liability payments, are used according to the legislation of the Kyrgyz Republic and the charter of the educational organization.
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Chapter VI
Financing and Economic Basis for Educational Development
Article 43
Sources of Financing
There are the following sources of financing of education: - national and local budgets - for the state educational organizations; - resources of physical and legal persons, foreign governments and citizens acting as founders; - own resources of the educational organizations, including hard currency coming from advisory, research, publishing, production and other income-generating activity not forbidden by the legislation of the Kyrgyz Republic, and also from non-budget educational activity by all kinds of basic and additional educational programs, including within the limits of requirements of the state educational standards; - income from deposits; - donations from physical and legal persons, including foreign ones; - Credits; - government financing in the form of compensation of expenses incurred by the educational organization while running the government buildings, constructions, land, equipment etc.; nominal and other forms of scholarships, educational grants, credits, granting of privileges; - state grants provided to the trainees; - other sources which are not prohibited by the legislation Kyrgyz Republics.
Article 44
Procedure of Financing of the Educational Organizations
Financing of the state educational organizations is based on model specifications counting per trainee, classroom facilities and group by all kinds and types of the educational organizations, proceeding from a principle of consecutive increase in expenses per trainee. Amount of financing allocated to cover the needs of the educational organizations in view of model specifications per trainee, classroom and group shall be provided for by annual national budget passed by Jogorku Kenesh of the Kyrgyz Republic. The state shall guarantee allocation of the resources for the needs of education in the amount providing for its priority as well as security of the relevant expense items in view of inflation. Attraction of additional sources shall not entail reduction in the standard or absolute amount of financing from the state budget. Financial assets of the educational organizations are not subject to withdrawal. Model specifications counting per one trainee, classroom facility and group shall be established by the Government of the Kyrgyz Republic taking into account the conditions of sustainable functioning and development of the state educational organizations. While implementing educational programs the educational organizations make use of various methodologies and technologies, including distant educational technologies, which shall not entail increase in the standard of their financing. For small-scale rural schools the standard of financing is made in view of their expenses irrespective of the number of trainees. Standards of financing of non-governmental educational organizations cannot be lower than standards of financing of the state educational organizations. The state educational organizations of secondary vocational and higher vocational training have the right to carry out training and retraining of skilled workers (workers and employees) and experts of the relevant educational level by making contracts with physical and (or) legal persons who pay the cost of such training. That is done in addition to the financing by the founder activities but within the limits of the license. The resources provided to the educational organization from the state budget shall be controlled by the Treasury. All other revenues of the educational organization shall be controlled by the board and social institutes. A separate line in the national budget shall indicate the number of students to be financed from the budget. The Government of the Kyrgyz Republic shall make a list of occupations. Within the limits of the available budgetary and non-budget resources the educational organizations independently develops and implements measures on social support of trainees and teachers. The state educational organizations of secondary vocational and higher vocational training shall independently define directions and procedure of the use of their resources, including their share directed towards payment of salaries and wages and incentive payment of workers of the educational organizations, upon agreement of the board.
Article 45
Production Activity of Educational Organizations
The educational organizations are entitled to get revenues from production activity, including non-budgeted educational activity; those revenues are directed to the activities stipulated by the charter.
Article 46
Material and Technical Basis of Educational Organizations
The material and technical basis of the educational organizations includes buildings, service lines, machines and equipment, transport and others material and technical means used in educational and research activity and for other purposes in education. The educational organization is obliged to ensure maintenance of the allocated or owned buildings, constructions, equipment and other property of social, cultural and other purposes at the level, not below the one determined by the specifications valid in the Kyrgyz Republic. The material and technical basis of non-governmental educational organization shall be developed by the educational organization itself at the expense of the founder and from own funds and is the property of the educational organization. The material and technical basis of the state educational organization shall be developed by the educational organization itself within the limits of its budget and own funds. The amount of expenses due to purchase of equipment and major renovations shall be defined by the educational organization independently, without fixing the limits, based on the needs and funds available within the limits of budgetary revenues and expenses approved in due order. Self-supporting educational divisions of parent organizations have the right to make financial expenses related to current repair works and development of material and technical basis assigned to them but not reflected in their balance. The above financial expenses are made within the limits of the approved estimate of income and expenses of these divisions and are not subject to withdrawal in the budget. Central and regional state bodies on education of the Kyrgyz Republic are obliged to assist the subordinated educational organizations in solution of the problems related to maintenance and development of their material basis. The material and technical basis of the state educational organizations used in educational, research and production activities and for other tasks in the field of education shall not be rented gratis to non-governmental (private) organizations. The receipts from the rent of the material and technical basis to non-governmental (private) organizations shall not be withdrawn to the budget and shall be used by the state educational organizations for the chartered purposes.
Article 47
Property Relations in the Education System
In order to support the activity of the state educational organizations stipulated by the charter, the ownership for the building, construction, equipment, other facilities and necessary property of consumer, social, cultural and other purposes is fixed at the level of operational management. In order to support the activity of non-governmental educational organizations stipulated by the charter, the founder (founders) shall transfer the ownership or fix the right of operational management to the building, construction, equipment and also other necessary property of consumer, social, cultural and other purposes. The educational organization has the property right to money resources, property and other objects of the property transferred to it by physical and legal persons in the form of a gift or donation; products of intellectual and creative activity resulting from activity of the educational organization, and also income from its activity and the property acquired from that income. The issues of the property alienation shall be resolved independently. The property acquired from the non-budget resources becomes the property of the educational organization and is reflected in a separate balance sheet. The right to the land allocated to the state educational organizations for the operational management shall be regulated by the Land code of the Kyrgyz Republic. Buildings and constructions belonging to the state educational organizations can be transferred only to the state educational organizations. The property of the state educational organizations is not subject to withdrawal to be used for other purpose except for education. The state higher educational institutions which are not included in the list of the state higher educational institutions of the national and regional importance shall be reorganized into joint-stock companies while maintaining educational activity as their main activity. The list of higher educational institutions subject to privatization shall be defined by the Government of the Kyrgyz Republic and approved by Jogorku Kenesh of the Kyrgyz Republic. The released funds shall be directed towards development of the state higher educational institutions of national and regional significance. The educational organization is responsible for the safety and efficient use of its property. The control over activity of the educational organization in this part is carried out in accordance with the procedure established by the legislation of the Kyrgyz Republic. Non-governmental educational organization enjoys priority in purchasing of the alienated state property, which it was using or rented.
Article 48
Intellectual Property of the Educational Organizations
The intellectual property in the form of material assets (academic papers, lectures, patents, software; educational, distant and information technologies) being a source of educational and economic activities of the educational organizations and their staff is subject to protection similar to other kinds of property.
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Chapter VII
International Cooperation and External Economic Activities in the Field of Education
Article 49
International Cooperation
International cooperation in the field of education realized within the framework of the foreign policy activity of the Kyrgyz Republic shall be based on real partnership, mutual trust and regulated by the international agreements and treaties in which the Kyrgyz Republic participates and which came into force in accordance with the procedure established by the law; as well as general principles and norms of international law being a component of the legislation of the Kyrgyz Republic. Central and regional state bodies on education of the Kyrgyz Republic, educational organizations, enterprises and organizations of the education system have the right to establish direct links with foreign and international institutions, enterprises and organizations, carry out interstate and international educational scientific and research programs, join interstate and international public educational associations in accordance with the procedure established by the legislation of the Kyrgyz Republic. Training, retraining and improvement of professional skills of the citizens from other countries in the state educational organizations of the Kyrgyz Republic, likewise the citizens of the Kyrgyz Republic in the foreign educational organizations, shall be carried out on the basis of interstate agreements concluded by the Government of the Kyrgyz Republic, and also under the agreements concluded between the educational organizations or with individual citizens.
Article 50
External Economic Activity
Central and regional state bodies on education of the Kyrgyz Republic, educational organizations, enterprises and organizations of the education system shall independently realize external economic activities in accordance with the procedure established by the legislation of the Kyrgyz Republic. They have the right to open currency accounts in the banks and others credit organizations according to the legislation of the Kyrgyz Republics. The state educational organizations, enterprises and organizations of the education system shall keep as their property the hard currency revenues received from external economic activities. They are directed to the development of the education system and strengthening of their material base.
Article 51
Educational Services Provided to the Ethnic Kyrgyz Residing Outside the Kyrgyz Republic and Foreign Citizens and Persons Without Citizenship
The Kyrgyz Republic provides educational services to the ethnic Kyrgyz population residing in other countries, other foreign citizens and persons without citizenship, including in the form of creation of special educational organizations. Procedure of rendering of such services shall be regulated by the interstate agreements and also agreements with private persons. Ethnic Kyrgyz people being citizens of other nations are provided quotas for training in the state educational organizations at the expense of the state budget. Ethnic Kyrgyz who study on contractual basis shall pay for their training in the same amount as the citizens of the Kyrgyz Republic.
Article 52
International Agreements
In case of inconsistency between an international agreement ratified by Jogorku Kenesh of the Kyrgyz Republic and the legislation of the Kyrgyz Republic on education the provisions of the above international agreement between the Kyrgyz Republic and other states shall apply. The Government of the Kyrgyz Republic shall establish, reorganize and liquidate the interstate educational organizations in accordance with the agreements concluded with the governments of other countries
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Chapter VIII
Final Provisions
Article 53
Coming into Force of the Present Law
The present Law comes into force from the date of its promulgation, except for part eight, article 47, which comes into force as of September 1, 2005. From the date of coming into force of the present Law the following legal measures shall be declared as invalid: The Law of the Kyrgyz Republic "On Education" (Vedomosti Jogorku Kenesh of the Kyrgyz Republic, 1993, # 2, pp.53); The Law of the Kyrgyz Republic "On amendments and additions to be introduced into the Law of the Kyrgyz Republic "On Education" (Vedomosti Jogorku Kenesh of the Kyrgyz Republic, 1997, # 12, pp. 575);
Article 3 of the Law of the Kyrgyz Republic "On amendments and additions to be introduced into some legislative acts of the Kyrgyz Republic" of July 25, 2002 # 130.
Article 54
About Bringing the Standard Legal Acts in Conformity with the Present Law
The government of the Kyrgyz Republic within two-month's period shall bring its standard legal acts in conformity with the present Law.
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The President of the Kyrgyz Republic A.Akaev
Passed by the Legislative Assembly Jogorku Kenesh of the Kyrgyz Republic
April 25, 2003