THE CODE OF THE REPUBLIC OF MOLDOVA ABOUT EDUCATION

of July 17, 2014 No. 152

The parliament accepts this code.

Section I. General provisions

Chapter I. Field of regulation

Article 1. Code purpose

This code establishes the legal basis of the relations connected with planning, the organization, functioning and educational development in the Republic of Moldova.

Article 2. Legal basis of education

(1) Legal relations in the field of education are governed by the Constitution of the Republic of Moldova, this code both another acting legislative and regulations.

(2) Legal relations in the field of education are governed by also international acts: The Universal Declaration of Human Rights, Articles of organization of the United Nations, the European convention on human rights protection and fundamental freedoms, the European social charter, the Convention of the UN on the child's rights, the Framework convention on protection of ethnic minorities, the Convention of UNESCO on fight against discrimination in the field of education, the Convention of the UN on the rights of disabled people, the International convention on liquidation of all forms of racial discrimination, the Convention of the UN on liquidation of all forms of discrimination against women, the Bologna declaration, and also other international treaties which party is the Republic of Moldova.

Article 3. Basic concepts

For the purposes of of this Code the following basic concepts mean:

the equivalent education document – the education document received according to the similar educational scheme in the country or abroad;

educational alternatives – the organizations or the training program and professional training differing from traditional, but conforming to the state educational standards;

bulling (persecution) - the aggression form shown purposely, repeatedly and by means of unequal distribution of forces in relations between children, pupils or students and relating harm, sufferings to those forms of behavior in case of which the child, the pupil, the student or group of those hurt, cause powerlessness or cause damage to human dignity. Such type of aggression happens generally in educational institutions and in the places intended to education and professional training;

the regular pedagogical worker – the person borrowing pedagogical (in the higher education – pedagogical and scientific and pedagogical) position, performing the main activities in one educational institution and included in the staff list of this organization;

support pedagogical personnel – the personnel working in the field of pedagogics, psychopedagogics and special psychopedagogics, giving psychopedagogical help to children with special educational needs;

national frame of qualifications - the tool for classification of qualifications by number of the criteria corresponding to the certain specific reached levels of training which purpose is consolidation and approval of national subsystems of qualifications, increase in transparency, availability, ensuring progress and quality of qualifications in the ratio with the labor market and civil society;

qualification - the formal result of training process, assessment and confirmation received since the moment when the competent authority determines that person completed training with the results conforming to certain standards;

quality of education – set of characteristics of the educational program and its organizers who satisfy the consumer expectations following from the quality standards;

the model center – the organization of vocational training with high potential performing functions as in the field of the organization of programs of professional training of different levels or the integrated programs, and in the field of development of capacity of system of vocational training;

the communitarian educational center – multipurpose organization of educational orientation;

special educational needs – educational needs of the child/pupil/student needing the training adapted for specific features or characteristics of physical disabilities or violations of development and also specific intervention by means of the relevant rehabilitation or recovery activities;

certification – process of the formal confirmation, as a result of standard assessment procedure, results of training in the context of formal, informal and informalny education;

training cycle – the sequence of education and training in the field of secondary general and higher education which is characterized by certain duration and coming to the end with the corresponding final assessment with assignment on circumstances, professional qualification and/or rank, and also issue of the relevant document on education;

classes of simultaneous training – the mixed initial classes consisting at most of two cool structures (as a rule, I–III, II–IV) in which direct work with pupils of one class is combined with independent work of pupils of other class, providing realization of educational process according to the appropriate training programs;

educational complex – the educational institution meeting necessary conditions for transfer in it of children and pupils of different age on levels of early, primary, gymnasia and lyceum education;

consortium – merging of the educational institutions and organizations performing educational, research, razrabotochny, innovative, art and creative activities on the basis of the partnership agreement signed according to the current legislation;

test unit (credit) - confirmation of the fact that the part of qualification consisting of consecutive set of results of training was estimated and confirmed with competent authority according to the established standard. Test unit expresses amount of knowledge based on certain results of training and the amount of labor costs connected with it;

modified куррикулум – куррикулум subject matter in which results of training are changed according to the potential of the child or pupil with special educational needs;

the school district – the territory assigned to educational institution of preschool, initial or gymnasia level;

education of adults - component of life-long training which belongs to all complex of organized educational processes, irrespective of content, level and method, in formal, informal or informalny context and which is performed after completion of initial stage of education, irrespective of the level at which initial training, for flexible adaptation of the personality to the new, constantly changing social and economic realities and for the purpose of development of the competences necessary for professional and social activity was interrupted;

inclusive education – the educational process considering variety of children and individual requirements of development, giving equal opportunities and chances to have fundamental human right for development and quality education in the general circle of training;

early education – the educational process covering children aged from 0 up to 6(7) years in educational institutions or in family, for the purpose of their physical, intellectual, emotional and social development;

formal education – complex of the didactic and pedagogical actions institutionally performed by means of systemically organized – on levels and cycles of training – structures within strictly structured in time and space of educational process;

informal education - the institutionalized form based on kurrikulyarny designing realized by means of optional actions. Informal education represents auxiliary form, alternative and/or amendment of formal education within training process during all human life. Informal education is voluntary educational activities and does not lead automatically to certification of the received competences;

informalny education - the experimental form of education performed out of system of formal education which represents result of daily activities, work-related, family environment, free time and which is not organized or structured from the point of view of the purposes, duration or support for training. As a rule, informalny education is not certified, but can be estimated for recognition and confirmation of competences for the purpose of acceleration of educational and/or professional development;

multilingual education - training at two or more languages at the same time, for the purpose of development of competences of effective communication in the Romanian and native languages which is performed in organizations with teaching on other, than Romanian;

education quality evaluation – multicriteria inspection of degree in what educational institution and its programs conform to basic national standards;

criteria estimation – the estimation of results of training performed by means of the descriptors determining the level of individual achievements of the pupil in comparison with the expected competences;

life-long education - the component of life-long training following initial preparation and supplementing it, realized based on programs of different duration which purpose consists in amendment, deepening or updating of knowledge, abilities and/or competences received in the course of the previous preparation;

professional training – training process as a result of which the qualification confirmed by the certificate or the diploma with appendix according to sample of Europass which are issued according to the law is acquired;

alternative educational institutions – educational institutions, excellent from entering into the operating obligatory structure of education system, alternative educational programs or services providing, as a rule;

dual education – education in case of which theoretical training is performed in educational institution, and practical – at the company;

measures of intervention and the supporting services for inclusive education – package of measures and the services realized for the purpose of requirements satisfaction of children, pupils and students with special educational needs for simplification by it of access to general space of educational services;

the mentor – the experienced pedagogical or managerial worker acting as the leader for other pedagogical or managerial workers who are beginning or having the experience in profession giving help in personal and professional development;

mentorship – the process of the direction, management, the help in training, education and/or professional development performed between the mentor and the ward based on premises of interactive participation of both parties and accomplishment of the obligations following from their status;

adjacent crafts / specialties – the close or related crafts / specialties requiring the same base of general and special knowledge, and also identical set of skills and abilities;

microqualification or partial qualification - set of the results of training received within the short-term module / the short-term program which are officially certified according to single standards of qualification and quality assurance for certain level of the National frame of qualifications. Microqualification / partial qualification which independently does not meet fully conditions of access to employment and/or further training can be combined with complete qualification for professional activity or with several parts of qualifications for receipt of complete qualification according to the qualification standard with issue of the certificate of professional competence (microcertificate);

the academic mobility – process of participation of pupils/students and pedagogical personnel in the educational and research programs realized both in domestic and in foreign organizations;

the psychopedagogical module – the module intended to the graduates wishing to join in education as pedagogical workers, and covering theoretical preparation in the field of pedagogics, psychology, discipline didactics and also obligatory practical training;

pedagogical loading – the established work amount on implementation of pedagogical activities according to position;

standard packet of educational services – system of the educational offers and programs oriented to achievement of specific purposes and results of training according to educational standards;

the individualized curriculum – method of the organization and coordinate realization of educational process for consumers with special educational needs;

prolonged day – the program out of the main schedule realized according to the provision approved by the Ministry of Education and Research, and organized in educational institutions at the request of parents for pupils of the I-IV classes;

the integrated programs - the programs based on the integrated kurrikulum of two profiles or two skill levels according to the National frame of qualifications: general and professional education, general and vocational training or the higher education - litsentsiatura (the I cycle) and magistracy (the II cycle), (the I cycle and the II cycle);

the psychoteacher – the specialist having necessary competences for inclusion in educational process and in process of school adaptation, integration of pupils and diagnostics of their specific features;

the special psychoteacher – the specialist of correctional and recovery activities (forming of skills of verbal communication, development of acoustical perception, development of cognitive capabilities etc.);

education system – set of organizations and organizations (educational, economic, political, scientific, cultural, public), and also communities (family, the people, the nation, professional groups, mass media) which directly or indirectly, explicitly or implicitly perform educational functions, providing process of forming and development of the personality within formal, informal and informalny education;

specialty – set of the professional competences acquired by training in certain area;

accreditation standards – set of the requirements determining the obligatory minimum level of realization of activities of this or that supply agency of educational services who addressed for authorization on temporary functioning, this or that accredited organization of the highest / the vocational training which addressed for authorization on temporary functioning / accreditation of the new program of professional training, or this or that accredited organization of the highest / the vocational training which addressed for external quality evaluation of the provided education;

the state educational standards – compulsory provisions of implementation of educational programs at all levels and cycles of education in public and private educational institutions, and also the minimum mandatory requirements to contents of educational programs, the maximum amount of work demanded from the child, the pupil or the student and the pedagogical worker to infrastructure and equipment of educational institution, to level of training of graduates and the organization of training process. The state educational standards form basis for objective quality evaluation and level of training and qualification of graduates irrespective of form of education;

basic national standards – set of the requirements determining optimum level of realization of activities of the supplier of educational services / organizations – the supplier of educational services on the basis of checked the practician, existing at national, European or international level. Basic national standards are applicable to each educational program and each organization.

Article 4. State policy in the field of education

(1) Education is national priority and major factor of sustainable development of the society founded on knowledge.

(The state provides 2) By means of policy in the field of education:

a) fundamental right to education necessary for implementation of other human rights;

b) implementation of the fundamental mechanism of forming and development of human capital;

c) realization of educational ideal and the educational purposes, forming of national consciousness and national identity, promotion of universal values and aspirations of society to the European integration.

Chapter II. Mission, ideal and fundamental principles of education

Article 5. Education mission

Mission of education is:

a) satisfaction of educational needs of the personality and society;

b) human development for quality assurance of life, sustainable development of economy and welfare of the people;

c) development of national culture;

d) promotion of cross-cultural dialogue, tolerance, nondiscrimination and social integration;

e) promotion of life-long training;

f) assistance to combination of professional activity of men and women to family life;

g) development of civil spirit and encouragement of active civic stand.

Article 6. Educational ideal

The educational ideal of school of the Republic of Moldova consists in forming of the personality, initiative and capable to self-development, who has not only system of knowledge and necessary competences for demand in the labor market, but also independence of opinions and actions, openness to cross-cultural dialogue in the context of the mastered national and world values.

Article 7. Fundamental principles of education

Education is based on the following fundamental principles:

a) concept of justice according to which access to education is provided on non-discriminatory basis;

b) the principle of quality according to which educational activities correspond to basic national standards and the advanced national and international practicians;

c) the principle of relevance according to which education corresponds to requirements of personal and social and economic development;

d) the principle of concentration of education on consumers of that;

e) liberty principle of thinking and independence of ideologies, religious dogmas and political doctrines;

f) principle of observance of the right to opinion of the pupil/student as direct consumers of education system;

g) principle of social inclusiveness;

h) principle of ensuring equality and nondiscrimination;

i) the principle of recognition and guaranteeing the rights of persons belonging to ethnic minorities including the right to preserving, development and expression of their ethnic, cultural, language and religious originality;

j) principle of unity and integrity of educational space;

k) principle of managerial and financial performance;

l) principle of decentralization and institutional autonomy;

m) the principle of public responsibility according to which educational institutions publicly are responsible for the achievements;

n) principle of transparency;

o) the principle of participation and responsibility of community, parents and other interested social actors;

p) principle of support and promotion of personnel of education;

q) principle of secular nature of education;

r) principle of non-violence.

Article 8. Partnership in education system

(1) In education system social dialogue, the partnership between educational institutions and organizations of the sphere of researches, labor unions, business environment, civil society and mass media performed according to the current legislation is encouraged.

(The Ministry of Education and Research develops 2) and applies national strategies of development for education system on the basis of consultations with bodies of the central and local public authority, and also with social partners.

Chapter III. Conditions of access to education, language of teaching and educational purposes

Article 9. Access conditions

(1) Citizens of the Republic of Moldova have the equal rights of access to education and professional training, initial and continuous, by means of national education system according to this code.

(2) the Standard packet of educational services for compulsory education, irrespective of type of property of educational institution, affirms the Government.

(3) Basic financing of the general education is performed by the principle "money for the pupil" according to whom the funds allocated for the pupil or the child are transferred to educational institution in which he studies.

(4) Professional and higher education is financed from the government budget within the plan of the acceptance which is annually approved by the Government.

(5) Ceased to be valid.

(6) the State supports persons with special educational needs, and also gives help to the pupils and students who showed outstanding capabilities.

(7) the State guarantees forming and development of skills of effective communication in Romanian, on circumstances – in languages of ethnic minorities and at least in two languages the international communication.

(8) the State provides conditions of forming and development of skills of communication in the English, French and Russian languages in all public educational institutions.

(The State advances 9) and supports life-long training.

(10) Transfer in educational institutions, transfer of pupils and students from one educational institution in another are performed in accordance with the terms, established by the Ministry of Education and Research.

(11) Citizens of other states, and also stateless persons have access to education by means of national education system according to this code.

Article 10. Teaching language

(1) Educational process in education system is performed in Romanian and – within education system opportunities – in one of languages of the international communication or, according to part (2), in languages of ethnic minorities.

(2) persons belonging to ethnic minorities live In areas where it is traditional or in significant amount, in case of the sufficient need for it the state provides as far as it is possible within education system that persons belonging to these minorities had proper opportunities to study language of the minority or to study at this language at the level of compulsory education.

(3) Studying of Romanian is obligatory in all educational institutions of any level and it is regulated by the state educational standards.

(4) the State provides necessary conditions for studying of Romanian in all educational institutions, including due to increase in share of the disciplines studied in Romanian in educational institutions with other language of teaching.

(The State supports 5) – methodologically, didactically, by means of programs – education in Romanian for diaspora with observance at the same time legislations of adoptive states.

Article 11. Educational purposes

(1) the Main educational goal is forming of the harmonious personality and development of the system of competences including knowledge, abilities, the installations and values providing possibility of active participation of the individual in public and economic life.

(2) Education is directed to forming of the following key skills (competences):

a) skills of communication in Romanian;

b) skills of communication in the native language;

c) skills of communication in foreign languages;

d) skills in mathematics, sciences and technologies;

e) skills in digital technologies;

f) skill of ability to study;

g) social and civil skills;

h) skills of enterprise and initiative;

i) skills of cultural self-expression and awareness of cultural values.

Article 11-1. National frame of qualifications

(1) the National frame of qualifications represents the integrated system of national qualifications according to the European frame of qualifications and with requirement of qualifications in the labor market, it is hierarchically structured on eight levels of the qualifications determined by set of the descriptors covering all types of qualifications - different scales and the purposes, the complete or partial qualifications acquired in the context of formal, informal, informalny education and also by recognition of results of the previous education in the long term life-long training.

(2) the National frame of qualifications is developed and takes root the Ministry of Education and Research in cooperation with bodies of the central public management, educational institutions, business entities, other social partners and affirms the Government.

(3) Descriptors by determination of level of the National frame of qualifications, results of training according to qualifications of appropriate level of the National frame of qualifications represent the crucial elements used in case of interaction, recognition, assessment and certification of qualifications of all types. Assessment procedures, recognitions, confirmations and certifications of the qualifications provided in national or foreign education system are developed and affirm the Ministry of Education and Research.

(4) Development of the National frame of qualifications, including industry framework of qualifications, includes development of new qualifications, updating of the existing qualifications; check of relevance of qualification standards for the labor market, their confirmation; transposition of qualification standards in education programs and preparation in the conditions established by the Ministry of Education and Research and bodies of the central public management, responsible for regulated/industry professions.

(5) Registration, updating, archiving, establishment and consultation of qualifications is performed within the Automated information system "National Register of Qualifications" representing official source of informing on national qualifications of all levels and forms of education about the suppliers accredited or authorized for temporary functioning and legally authorized. Entering of qualifications into the National register of qualifications is performed according to the procedures developed and approved by the Ministry of Education and Research.

(6) Designing, implementation and maintaining the National register of qualifications, development of the report on correlation of the National frame of qualifications with the European frame of qualifications or with other regional and international framework of qualifications are performed by the Ministry of Education and Research according to the regulatory base approved by the Government.

Section II. Education system

Chapter I. Structure of education system

Article 12. Structure of education system

The education system is organized in the form of levels and cycles according to the International standard classification of education (MSKO – 2011):

a) level 0 – early education:

– prepreschool education;

– preschool education;

b) level 1 – primary education;

c) level 2 – secondary education, the I cycle: gymnasia education;

d) level 3:

– secondary education, II cycle: lyceum education;

– average vocational training;

e) level 4 – postaverage vocational training;

f) level 5 – postsecondary not tertiary vocational training;

g) level 6 – the higher education, the I cycle: litsentsiatura;

h) level 7 – the higher education, the II cycle: magistracy;

i) level 8 – the higher education, III cycle: doctoral studies.

Article 13. Compulsory education

(1) Compulsory education begins with preparatory group of preschool education and comes to the end with gymnasia education.

(2) the Requirement of visit of organizations of compulsory education stops at the age of 16 years.

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