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Vocational Educational Institutions Act

Passed 12.06.2013
RT I, 02.07.2013, 1
Entry into force 01.09.2013

Amended by the following legal instruments (show)

Chapter 1 General Provisions  

§ 1.  Scope of application of Act

 (1) The Vocational Educational Institutions Act provides the bases for the establishment, maintenance, transfer, reorganisation and closure of vocational educational institutions (hereinafter schools), the bases for the right to provide instruction, management, organisation of studies and financing, the functions of schools, the rights and obligations of members of schools, and administrative oversight over the activities of schools.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (2) The provisions of this Act apply to private schools insofar as the Private Schools Act does not provide otherwise. The provisions of this Act apply to institutions of professional higher education within the scope provided for in the Higher Education Act.
[RT I, 19.03.2019, 12 - entry into force 01.09.2019]

 (3) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.

§ 2.  Vocational training and learning outcomes

 (1) For the purposes of this Act, vocational training means the aggregate of learning, teaching and organisational activities the purpose of which is to enable the acquisition of vocational education.

 (2) For the purposes of this Act, learning outcomes mean the knowledge, skills and attitudes acquired as the result of learning which have been described in the minimum level necessary for the completion of a curriculum, module, topic or subject. The achievement of learning outcomes at a level exceeding the minimum shall be differentiated with an assessment, if necessary.

§ 3.  Functions and obligations upon organisation of vocational training

 (1) Vocational training shall be organised by schools. The purpose of organisation of vocational training is to create the possibilities for the formation of such individuals who possess the knowledge, skills and attitudes or competencies, and the experience and social readiness for working, participating in social life and for lifelong learning. In order to achieve the given purpose, the school shall perform the following main functions:
 1) support the acquisition of competencies necessary for self-realisation and development, civil activity, social involvement, continuing education and employment (hereinafter key competencies) in order to enable the learner to manage successfully in the changing learning, physical and social and working environment;
 2) support the formation of the student’s vocational, professional and occupational competence in order to enable the student to perform successfully in the labour market;
 3) develop and support the student’s motivation for participation in lifelong learning.

 (2) In order to perform the main functions and ensure the quality of education, the school shall:
 1) organise teaching and education in formal education and continuing education in order to support the development of all learners;
 2) ensure that learners have access to the support services, including career counselling, learning assistance, special needs and social educational and psychological services and access to the health services provided for in this Act;
 3) conduct educational, methodological and technological development work in the taught areas;
 4) ensure the availability and accessibility of education by the creation of flexible learning possibilities for different target groups;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 5) create possibilities for the catering and accommodation of pupils and support access to the related services;
 6) create conditions for the hobby and self-initiative activities of pupils and support access to the related services;
 7) ensure the mental and physical safety and health protection of learners during their stay at school;
 8) cooperate nationally and internationally with other educational institutions, employees, employers, business and professional associations, undertakings and institutions related to the specialty (hereinafter social partners), local governments and other partners in order to establish the need for training, improve the quality of education and other relevant purposes;
 9) ensure the work organisation and working environment for the employees for the performance of functions imposed thereon and the possibilities for self-development;
 10) ensure the maintenance and development of the school’s infrastructure;
 11) form the reputation of the school and vocational education purposefully;
 12) may provide services for a fee and sell products on the grounds provided for in the statutes of the school in order to support teaching and education and use its assets expediently and economically.

 (3) The state shall ensure access to vocational training in all counties.

§ 4.  Legal status of school

 (1) State schools are state agencies administered by the Ministry of Education and Research. The owner of a state school shall be the state represented by the Ministry of Education and Research.

 (2) Municipal schools are local government agencies. The owner of a municipal school shall be the city or rural municipality.

 (3) State and municipal schools may perform economic activities for the performance of functions established in the curriculum and statutes of the school or in connection therewith. The notification or licence obligation shall not be applied to such economic activities whereas the provisions governing the relevant economic activities shall be applied.

 (4) If the economic activity of the school is targeted to the production of goods and to the provision of services for consumers, it must be expressed in a way which is understandable for consumers.

Chapter 2 Establishment, Source Documents and Name of School  

§ 5.  Establishment

 (1) A state school shall be established by the minister in charge of the policy sector.

 (2) A municipal school shall be established by the rural municipality or city council.

 (3) After the establishment of a school the owner of a school shall apply for the right to provide instruction from the minister in charge of the policy sector on the conditions and pursuant to the procedure provided for in this Act.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (4) The data of the school shall be entered in the Estonian Education Information System (hereinafter Education Information System) founded on the basis of subsection 4 of § 36⁶ of the Republic of Estonia Education Act.

 (5) State and municipal schools shall be registered in the state register of state and local government agencies.

§ 6.  Statutes and development plan of school

 (1) A school shall have the statutes and development plan.

 (2) The statutes of a school shall be established by the owner of a school and the development plan of a school shall be approved by the owner of a school or a representative authorised thereby.

 (3) The statutes of a state school shall be established by a regulation of the minister in charge of the policy sector.

 (4) The development plan of a school shall be prepared for at least three years and it shall set out the main objectives of development of the school and the methods of application thereof based on nationally strategic documents.

 (5) The head of school shall organise the publishing of the development plan on the school’s website.

§ 7.  Name of school

  The name of a school shall not be misleading.

Chapter 3 Right to Provide Instruction and Assessment of Quality  
[RT I, 28.12.2018, 3 - entry into force 01.01.2019]

§ 8.  Right to provide instruction

 (1) The right to provide instruction means the right granted to a school for a specified term or without a term to provide formal education in the relevant curriculum group or to conduct preparatory studies with a directive of the minister in charge of the policy sector.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (2) The right to provide instruction shall be granted upon the establishment of a new school or opening formal education in a new curriculum group at a school holding the right to provide instruction. The right to conduct preparatory studies shall be granted in accordance with subsection 2 of § 23² of this Act.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (3) For the purposes of this Act, a curriculum group means the classification category of curricula used upon the organisation of vocational training and which has been described in the Vocational Education Standard.

 (4) Instruction in schools may also be carried out according to a curriculum of professional higher education which is in conformity with the Standard of Higher Education. The provisions of the Higher Education Act concerning the organisation and financing of professional higher education and the assessment of quality apply to the implementation of curricula of professional higher education in schools and the corresponding functions of the Rector, the board and the advisory body of the institution of professional higher education shall be performed by the head of school, the school board and the advisory body according to their competence to the extent and pursuant to the procedure established by the statutes of the school.
[RT I, 19.03.2019, 12 - entry into force 01.09.2019]

 (5) [Repealed – RT I, 28.12.2018, 3 – entry into force 01.01.2019]

§ 9.  Application for right to provide instruction upon establishment of school
[RT I, 28.12.2018, 3 - entry into force 01.01.2019]

 (1) In order to receive the right to provide instruction upon the establishment of school, the owner of a school shall submit an application to the Ministry of Education and Research no later than six months before the planned commencement of studies.

 (2) The following documents shall be appended to the application:
 1) curriculum complying with the requirements provided for in the legislation;
 2) list of positions of teaching and education employees complying with the qualification requirements;
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 3) the assessment of competent authorities concerning health and the compliance of premises intended for studies with the safety requirements;
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 4) statutes of the school;
 5) draft development plan of the school;
 6) establishment resolution of the school;
 7) written opinion of the local government association on the need to establish the school and open study;
[RT I, 04.07.2017, 1 – entry into force 01.09.2017]
 8) written opinions of the social partners corresponding to the curriculum group on the need to establish the school and open study;
 9) written consent of the school health care provider to provide services and confirmation on the existence of school health care service activity licence.

 (3) Before the submission of an application, the owner of municipal school shall pay the state fee.

 (4) An application shall not be submitted upon the establishment of state school, the documents listed in subsection 2 of this section shall be assembled by the Ministry of Education and Research no later than six months before the planned commencement of studies.

§ 10.  Application for right to provide instruction upon opening study in new curriculum group
[RT I, 28.12.2018, 3 - entry into force 01.01.2019]

 (1) In order to receive the right to provide instruction in a new curriculum group, the school shall submit an application to the Ministry of Education and Research no later than six months before the planned commencement of studies. A municipal school shall coordinate the application before the submission thereof with the owner of the school.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (2) The following documents shall be appended to the application:
 1) the documents listed in clauses 1–3 of subsection 2 of § 9 of this Act;
 2) the development programme of the school;
 3) written opinion of the advisory body of the school on opening formal education in a new curriculum group;
 4) written opinion of the local government association on the need to open formal education in a new curriculum group;
[RT I, 04.07.2017, 1 – entry into force 01.09.2017]
 5) written opinions of the social partners corresponding to the curriculum group on the need to open formal education in a new curriculum group.

 (3) Before the submission of an application, the municipal school shall pay the state fee.

§ 10¹.  Application for right to provide instruction in personal development curriculum group
[Repealed - RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 11.  Assessment

 (1) An assessment of a curriculum group shall be conducted by the Education and Youth Authority upon granting the right to provide instruction. In the course of the assessment the following shall be evaluated:
[RT I, 16.06.2020, 1 – entry into force 01.08.2020]
 1) whether the learning outcomes provided for in the curriculum can be achieved and the compliance thereof with the requirements of the Vocational Education Standard;
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 2) whether the number of positions of teaching and education employees complying with the planned qualification requirements is sufficient for the provision of instruction in a curriculum group;
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 3) whether the resources necessary for the provision of instruction in a curriculum group are sufficient;
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 4) whether the study to be opened is sustainable pursuant to the development plan;
 5) whether the study to be opened is purposeful in view of the labour market forecast, existence of potential pupils, opinions provided in clauses 7 and 8 of subsection 2 of § 9 and clauses 4 and 5 of susbection 2 of § 10 and evidence-based nature of studies.

 (1¹) If a school having received the right to provide instruction for a specified term applies for the conduct of a repeated assessment in a relevant curriculum group, an internal assessment report shall be added to the application for a repeated assessment.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (1²) In the course of a repeated assessment the provisions of clauses 1–3 of subsection 1 of this section shall be assessed based on the internal assessment report added to the assessment application.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (2) The costs of assessment shall be covered by the applicant for the right to provide instruction. The costs of assessment and the procedure for covering thereof shall be approved with the directive of the minister in charge of the policy sector whereas the cost shall not exceed 1200 euros.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (3) An assessment shall be conducted after the costs of assessment approved with a directive have been covered in time.

 (4) If the right to provide instruction is granted pursuant to the procedure provided for in subsection 4 of § 9 of this Act, the costs of assessment shall be covered by the Ministry of Education and Research.

§ 12.  Granting of right to provide instruction and refusal thereof

 (1) The minister in charge of the policy sector shall decide the granting of the right to provide instruction on the basis of documents submitted on the basis of §§ 9 or 10 of this Act and the assessment provided for in § 11 of this Act and additional evidence, if necessary, and shall make one of the following decisions:
 1) to grant the right to provide instruction without a term;
 2) to grant the right to provide instruction for three years;
 3) not to grant the right to provide instruction.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (2) The minister in charge of the policy sector shall not grant the right to provide instruction if at least one of the following circumstances exists:
 1) the documents submitted by the applicant on the basis of the provisions of §§ 9 or 10 of this Act do not comply with the requirements established by the legislation;
 2) the result of assessment conducted pursuant to the procedure provided for in § 11 of this Act is negative.

 (3) The term of proceeding the application for the right to provide instruction shall be four months since the submission of an application.

 (4) The directive on granting the right to provide instruction or refusal thereof shall be delivered to the applicant according to the applicant’s request whether by post or electronic means.

 (5) [Repealed – RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (6) If a school provides instruction in a curriculum group only at a custodial institution, the school shall be granted, with the directive of a minister, the right to provide instruction in the curriculum group without a term for the provision of instruction at a custodial institution.

§ 13.  Extension of right to provide instruction

  [Repealed – RT I, 28.12.2018, 3 – entry into force 01.01.2019]

§ 14.  Revocation of right to provide instruction and termination thereof
[RT I, 28.12.2018, 3 - entry into force 01.01.2019]

 (1) The minister in charge of the policy sector shall have the right to revoke the right to provide instruction if at least one of the following circumstances exists:
 1) it becomes evident that the activity of the school is in conflict with an act or legislation established on the basis thereof;
 2) the school or the owner of a school has not complied with a precept issued as a result of oversight by the prescribed term and pursuant to the prescribed procedure;
 3) the school has not commenced studies in the relevant curriculum group within twelve months after the receipt of the right to provide instruction or studies in the relevant curriculum group have been suspended for 12 consecutive months;
 4) the school has submitted false information upon the application for the right to provide instruction or the assessment of quality;
 5) significant non-conformities with the assessment criteria established by the assessment council formed on the basis of § 14¹ of this Act become apparent in the curriculum group;
 6) the school has terminated its activity.

 (2) If the right to provide instruction has been revoked, the school shall lose the right to provide instruction as of entry into force of the revocation decision.

 (3) A decision on the revocation of the right to provide instruction shall be delivered to the owner of a school and to the school by post or, with the consent of the addressee, by electronic means within five working days after making of the decision.

 (4) A school cannot reapply for the right to provide instruction in a curriculum group in which the right to provide instruction has been repealed on the grounds provided for in clause 1, 2 or 4 of subsection 1 of this section within three years after entry into force of the decision of revocation.

 (5) A school having received a right to provide instruction in a curriculum group for a specified term shall, for the receipt of the right to provide instruction without a term, submit an application for a repeated assessment provided for in subsection 1¹ of § 11 of this Act together with the internal assessment report at least six months before expiry of the right to provide instruction. If a school having received the right to provide instruction in a curriculum group for a specified term fails to submit an application to the Ministry of Education and Research or if the minister in charge of the policy sector makes a decision not to grant the right to provide instruction as a result of the repeated assessment, the right to provide instruction shall terminate upon expiry of the term.

 (6) If a school does not receive the right to provide instruction in a curriculum group without a term as a result of the third assessment, the right to provide instruction shall terminate upon expiry of the term.

 (7) If the right to provide instruction terminates due to expiry of the term, the minister in charge of the policy sector shall, in justified case, have the right to extend the right to provide instruction, taking into account that the pupils studying could complete their studies within the nominal duration of the curriculum, and oblige the school to terminate the admission of pupils.

 (8) If the right to provide instruction is revoked based on the decision specified in subsection 1 of this section or it terminates upon expiry of the term due to the reason specified in subsection 5 of this section, the owner of a school shall notify the pupils or their legal representatives thereof and shall allow for the pupils to complete the studies either at the same or another school.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

§ 14¹.  Assessment of quality of vocational training

 (1) Assessment of the quality of vocational training (hereinafter assessment of quality) is an external assessment, based on an internal assessment, conducted by external independent assessors once in every six years. In the course thereof the performance and sustainability of teaching and education, including the development of curriculum, learning and teaching, leading and management and the use of resources shall be evaluated.

 (2) The assessment of quality shall be organised by the Education and Youth Authority.
[RT I, 16.06.2020, 1 – entry into force 01.08.2020]

 (3) The conditions of and procedure for quality assessment shall be established by a regulation of the minister in charge of the policy sector.

 (4) The quality shall be evaluated by an assessment council which shall be formed and the rules of procedure of which shall be approved by the Education and Youth Authority.
[RT I, 16.06.2020, 1 – entry into force 01.08.2020]

 (5) The membership of the assessment council shall include:
 1) at least three experts of broad groups of study of vocational education specified in the Vocational Education Standard, who shall be appointed by the body of chairmen of professional councils specified in subsection 2 of § 7 of the Professions Act;
 2) at least six representatives of employers’ central organisations and other interested parties;
 3) at least one representative of vocational educational institutions;
 4) at least one pupils’ representative.

 (6) As a result of quality assessment, the assessment council shall decide the following term of assessment and, if necessary, notify the Ministry of Education and Research of significant non-conformities in the areas specified in subsection 1 of this section.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

Chapter 4 Management of School  

§ 15.  Head of school

 (1) A school shall be managed by the head of the school.

 (2) A head of school shall:
 1) bear liability within the limits of his or her competence for the general state, teaching and education, development activities and for legitimate and purposeful use of financial resources and assets of the school;
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 2) execute the highest administrative and disciplinary power at school within the limits of his or her competence;
 3) represent the school within the limits of authorisations granted with this Act and the statutes of the school;
 4) enter into contracts of employment with the employees of the school;
 5) form a council pursuant to the procedure provided for in the statutes of the school;
 6) approve the curricula of the school and other documents and reports prescribed by legislation, the approval of which does not fall under the competence of the council;
 7) approve the budget and procurement plan of the school;
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 8) dispose of the budget funds of the school within the limits of authorisations granted with this Act and the statutes of the school;
 9) [Repealed – RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 10) report to the advisory body of the school and owner of the school;
 10¹) organise the preparation of the school’s development plan, be liable for the implementation of the development plan and approve the report on the execution of the school’s development plan;
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 11) resolve other issues the resolving of which has not been delegated to other directing bodies with legislation.

 (3) The head of school issues directives within the limits of his or her competence.

§ 16.  Filling position of head of school

 (1) In order to fill a vacant position of a head of school, a public competition shall be organised.

 (2) The procedure for a competition organised to fill a vacant position of a head of state school shall be established by a regulation of the minister in charge of the policy sector.

 (3) The procedure for a competition organised to fill a vacant position of a head of municipal school shall be established by the rural municipality or city government.

 (4) The employment contract with a head of state school shall be entered into, amended and cancelled by the minister in charge of the policy sector or his or her authorised representative.

 (5) The employment contract with a head of municipal school shall be entered into, amended and cancelled by the mayor or rural municipality mayor or his or her authorised representative.

§ 17.  Council

 (1) The highest collegial decision-making body of the school is the council, the function of which is to organise the activities and plan the development of the school.

 (2) The procedure for formation of the council and the rules of procedure shall be provided for in the statutes of the school.

 (3) The council shall include:
 1) the head of school;
 2) deputies of the head of school;
 3) heads of structural units of the school and employees responsible for broad groups of studies;
 4) representative of the student body;
 5) trustee of the employees or in case lack thereof, the representative elected by the employees.

 (4) The head of school shall direct the work of the council.

 (5) The council shall:
 1) discuss issues related to teaching and education and organisation of economic activities of the school;
 2) make proposals to the owner of a school for amending the statutes of the school;
 3) coordinate the draft development plan of the school and submit it to the owner of a school for approval;
 4) [Repealed – RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 5) approve the rules for organisation of studies of the school;
 6) approve the work schedule of the school for the academic year, including the training schedule of the teaching and education employees;
 7) approve the budget and procurement plan of the school;
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 8) [Repealed – RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 9) approve the curricula of the school;
 10) coordinate the procedures connected with state assets granted into the use of the school;
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 11) approve the statutes of the student body of the school;
 11¹) approve the number of student training places per calendar year in a broad group of studies, curriculum group or curriculum, including the number of student training specified in subsection 3 of § 47¹ of this Act in case of which the study costs are not reimbursed by the state;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 12) [Repealed – RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 13) resolve other issues within the limits of its competence on the basis of legislation and statutes of the school.

 (6) The council adopts decision within the limits of its competence.

§ 18.  Advisory body

 (1) The advisory body is a body of advisors connecting the school and society and the function of which is to advise the school and owner of school upon planning the development and organisation of teaching and education and economic activities.

 (2) The advisory body shall have at least seven members and it shall be formed by the owner of school for five years.

 (3) The advisory body shall:
 1) make proposals to the head of school and the council in issues related to the directions of development, activity, assets, budget, management and amendment of statutes of the school;
 2) provide assessment on the achievement of the objectives established in the school’s development programme and on the cooperation of the school with state authorities, local governments and enterprises;
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 3) express an opinion on the application for the right to provide instruction in a new curriculum group;
 4) provide assessment on the organisation of work practice at school, institutions and enterprises;
 5) appoint a representative into the membership of the committee formed for the conduct of competition organised to fill the vacant position of a head of school;
 6) [Repealed – RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 7) co-ordinate the number of student training places per calendar year in a broad group of studies, curriculum group or curriculum, including the number of student training places specified in subsection 3 of § 471 of this Act in case of which the study costs are not reimbursed by the state.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (4) The representative of the advisory body shall have the right to participate in the sessions of the council of the school.

 (5) The procedure for formation and activity of the advisory body shall be established by a regulation of the minister in charge of the policy sector.

§ 19.  Internal assessment of school

 (1) Internal assessment shall be conducted in schools. Internal assessment is a continuous process, the purpose of which is to ensure conditions promoting the development of students and the consistent development of a school.

 (2) Based on the purpose of internal assessment, the internal assessment of a school shall analyse the teaching and education, the management and evaluate the performance thereof. The internal assessment shall form the basis for preparing the development plan of a school and the assessment of quality.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (3) [Repealed – RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (4) [Repealed – RT I, 28.12.2018, 3 – entry into force 01.01.2019]

§ 20.  Mandatory documents of school

  The requirements for mandatory documents related to the school’s development activities, teaching and education and the procedure for the maintenance of documents shall be established by a regulation of the minister in charge of the policy sector.

§ 21.  Emergency planning at school

 (1) For the purposes of this Act, an emergency means an event or chain of events which endangers the life or health of persons at school, damages the environment significantly or causes extensive financial damage.

 (2) The owner of school shall create possibilities for the protection of pupils and employees in case of an emergency and the head of school shall be liable for the organisation thereof.

 (3) The head of school shall establish an emergency plan.

Chapter 5 Vocational Education Standard, Classification of Vocational Training and Curricula  

§ 22.  Vocational Education Standard

  The Government of the Republic shall establish by a regulation the Vocational Education Standard which shall set out the following uniform requirements for vocational training:
 1) the learning outcomes of vocational training, including in the area of key competencies and the link thereof with the Estonian Qualification Framework;
 2) the functions of and requirements for the curricula and studies, including the volume of studies, requirements for the commencement and completion of studies, structure and volume of the studies of key competencies and joint curricula;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 3) the principles for amendment of curricula;
 4) the principles for recognition of prior learning and professional experience;
 5) the list of broad groups of studies, fields of study and curricula groups.

§ 23.  Types of vocational training

 (1) A type of vocational training is a classification category of vocational training curricula which is based on the levels of qualification framework (hereinafter qualification level) established in the Professions Act and accounts for the learning outcomes and requirements for commencement of studies.

 (2) Vocational training is divided into formal education and continuing education:
 1) for the purposes of this Act, formal education means vocational studies in the course of which a qualification corresponding to a certain qualification level is acquired and which enables access to the studies of the next qualification level;
 2) for the purposes of this Act, continuing education means vocational studies in the course of which single competencies are acquired.

 (2¹) [Repealed - RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (3) Formal education is undertaken on the second to fifth qualification level.

 (4) The placement of a curriculum on the qualification level shall be determined by the placement of a professional standard which serves as the basis of a curriculum or the learning outcomes described in the curriculum on the Estonian qualification framework. The professional standards which serve as the basis of vocational training are placed on the second to fifth qualification level. In case of lack of a professional standard or in disputed cases, the qualification level of a curriculum shall be approved by the Ministry of Education and Research, in case of military curricula by the Ministry of the Defence and in case of public defence curricula by the Ministry of the Interior.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (5) If a pupil completes the full curriculum which corresponds to the fourth qualification level, the nominal duration of which is at least three years and study volume 180 Estonian vocational education credit points and which includes the training of key competencies in the extent provided for in the Vocational Education Standard, the pupil acquires secondary education with vocational and professional competencies i.e vocational secondary education.

 (6) The provisions governing further training provided for in the Adult Education Act shall be applied to continuing education.
[RT I, 23.03.2015, 5 – entry into force 01.07.2015]

 (7) The conditions and procedure for organisation of continuing education shall be established by a regulation of the minister in charge of the policy sector.

§ 23¹.  Preparatory studies

 (1) Preparatory studies means formal education in personal development curriculum group in the course of which necessary competencies are acquired at the second level of qualification to continue studies in secondary education or vocational training.

 (2) The function of preparatory studies is to support the students in finding themselves and understanding the choices and to ensure the readiness of students for making and implementing decisions related with studies and work life.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 23².  Conduct of preparatory studies

 (1) The availability of preparatory studies shall be ensured by the state.

 (2) The minister in charge of the policy sector shall give the right to conduct preparatory studies with a directive to state schools, considering the need to open a curriculum group in the area. The minister in charge of the policy sector may also transfer the right to the manager of municipal school with an administrative contract.

 (3) For the conduct of preparatory studies the school shall submit an application for the registration of curriculum to the Education Information System at least three months before the start of studies.

 (4) The committee formed by the minister in charge of the policy sector shall assess the compliance of the curriculum with the requirements established for the content and conduct of studies. The curricula complying with the requirements shall be registered in the Education Information System.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 23³.  Organisation of preparatory studies

 (1) Children subject to the compulsory education obligation, who are not acquiring secondary education or vocational education shall be ensured the existence of student training places in preparatory studies throughout a year. In the event of vacant places, persons up to 26 years of age shall be admitted.

 (2) The duration of preparatory studies is one academic year. Where a student subject to the compulsory education obligation has been admitted to secondary education or vocational education studies in the current academic year, the duration of studies may be shorter than one academic year. Where a student subject to the compulsory education obligation has not been admitted to secondary education or vocational education studies as the result of preparatory studies, the duration of studies may be longer than one academic year.

 (3) The requirement for the commencement of preparatory studies is basic education or an education acquired in a foreign state that corresponds thereto.

 (4) The requirements for the organisation and curriculum of preparatory studies and the bases for funding preparatory studies shall be established by a regulation of the minister in charge of the policy sector.

 (5) Preparatory studies are deemed to be finished after the learning outcomes described in the individual curriculum have been achieved and, in case of students subject to the compulsory education obligation, after admission to secondary education or vocational education studies. Leaving certificate shall be issued to the students having finished preparatory studies.

 (6) The educational institution where the student having finished preparatory studies applies to, may account for the achieved learning outcomes as meeting the conditions for admission necessary for the continuation of studies as well as part of the selected curriculum.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 24.  Curricula

 (1) A curriculum shall set out the objectives and functions of vocational, professional and occupational and key competencies training, the learning outcomes to be achieved and the link thereof with the Estonian qualification framework, the requirements for the commencement and completion of studies, the curriculum modules and their volume together with learning outcomes and assessment criteria, the opportunities of and conditions for choosing modules and the opportunities for specialisation. On the basis of professional standards, the curricula shall set out the professions and partial professions acquired in the course of training.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (2) Formal education curricula are divided into national curricula and school curricula.

 (3) The national curricula shall be established by a regulation of the minister in charge of the policy sector whereas the minister in charge of the policy sector may establish the common part of all national curricula with a separate regulation.

 (4) The provision of formal education shall be based on the school curricula registered in the Education Information System. The compliance of the curricula with the requirements set for the relevant curricula by legislation and whether the opening of a curriculum is justified shall be inspected in the course of registration. Curricula not meeting the requirements or the opening of which is not deemed to be justified shall not be registered with the decision of the minister in charge of the policy sector or a representative authorised thereby. A decision shall be delivered to the school or the owner of a school having submitted the curriculum for registration whether by post or electronic means according to the request.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (5) School curricula are divided into initial training and continuing training curricula:
 1) vocational training is provided on the basis of initial training curriculum, in which the commencement of studies does not require the existence of previous professional competencies;
 2) vocational training is provided on the basis of continuing training curriculum, in which the prerequisite for the commencement of studies is the acquisition of profession corresponding to the previous or the same qualification level or the corresponding competencies and level of education.

 (6) A curriculum of vocational secondary education shall be prepared on the basis of the Vocational Education Standard and the corresponding national curriculum. In case of lack of a corresponding national curriculum, the school shall apply for a permit therefor from the minister in charge of the policy sector or a representative authorised thereby before opening the curriculum. Upon grant of a permit, compliance with the requirement specified in subsection 7 of this section shall be assessed.

 (7) Continuing training curriculum and initial training curriculum without the relevant national curriculum shall be prepared on the basis of the Vocational Education Standard and relevant professional standard. In case of lack of a relevant professional standard, the school shall apply for approval to the curriculum from social partners.

 (8) National curricula shall not be established for military and public defence specialities. The school curricula of military and public defence specialities shall be prepared on the basis of the Vocational Education Standard and relevant professional standard in case the latter exists.

 (9) Continuing training curricula raising the qualification level and initial training curricula corresponding to the fifth qualification level can be opened if the right to provide instruction in the relevant curriculum group has been granted without a term or if the opening of a curriculum is supported by the social partners corresponding to the curriculum group and the owner of a school.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

Chapter 6 Organisation of Studies  

§ 25.  Admission to school

 (1) Upon the commencement of studies on the basis of a curriculum enabling the acquisition of vocational secondary education, the existence of basic education shall be required and the existence of competencies corresponding to the level of basic education from a person without basic education of at least 22 years of age. The existence of the required competencies shall be assessed by the school.

 (2) Upon the commencement of studies on the basis of a curriculum corresponding to the fourth qualification level, the existence of at least basic education shall be required.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (3) Upon the commencement of studies corresponding to the fifth qualification level, the existence of secondary education shall be required.

 (4) The requirements for the commencement of studies related to the relevant vocational, professional and occupational area or qualification level shall be established in the Vocational Education Standard and in the corresponding national curriculum or in case lack thereof, in the corresponding school curriculum.

 (4¹) The admission of children with basic education subject to the compulsory education obligation shall be organised by the school in the electronic environment of the Education Information System. The admission, including follow-up admission must be completed by 31 August at the latest. The training places that remain vacant after admission shall be published on the school’s website.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (5) The procedure for the admission of pupils at school shall be established by a regulation of the minister in charge of the policy sector.

 (6) The conditions and procedure for admission at school and documents governing the organisation of studies, including the statutes of school, curricula and rules for organisation of studies and internal procedure rules shall be published on the school’s website.

 (7) Student cards shall be issued to students admitted to a school.

 (8) The requirements for student cards and procedure for the issue of student cards shall be established by a regulation of the minister in charge of the policy sector.

 (9) In order to determine and apply the necessary support services and measures, the head of school and a person authorised thereby shall have the right to process the data entered in the Education Information System by another educational institution and the extracurricular counselling team on the recommendation of the extracurricular counselling team and on the support services and measures applied to the student receiving support, but only in the scope and extent necessary for the application of support services and measures.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 26.  Estonian vocational education credit point

 (1) Estonian vocational education credit point (hereinafter credit point) is the unit of calculation of study volume which indicates the estimated volume of pupil’s work necessary for the achievement of the learning outcomes described in the curriculum. One credit point corresponds to 26 hours spent by a pupil on studies upon the acquisition of skills and knowledge.

 (2) Upon the application of credit points, the bases for the application of European Credit System for Vocational Education and Training, ECVET, shall be used and calculated.

§ 27.  Academic year

 (1) An academic year starts on 1 September and ends on 31 August of the following year.

 (2) For pupils an academic year consists of at least 40 weeks of studies and at least eight weeks of holiday.

 (3) The study volume for an academic year shall be 60 credit points.

§ 28.  Forms of study

 (1) Studies shall be conducted in the form of full-time study or non-stationary study.

 (2) In case of full-time study, the independent work by a pupil forms less than one-half of the study volume according to a curriculum.

 (3) In case of non-stationary study, the independent work by a pupil forms more than one-half of the study load according to a curriculum.

 (4) Full-time study shall be divided into school-based or workplace-based form of study.

 (5) In case of school-based form of study, work practice shall constitute up to one-half of the volume of a curriculum.

 (6) In case of workplace-based form of study, work practice shall constitute at least two-thirds of the volume of a curriculum.

 (7) The procedure for application of workplace-based study shall be established by a regulation of the minister in charge of the policy sector.

 (8) In case of a vocational secondary education curriculum, the study load of key competencies shall not be included in the volume of a curriculum specified in subsections 5 and 6 of this section.

§ 29.  Language of instruction

 (1) [Repealed - RT I, 28.12.2022, 8 - entry into force 01.09.2024]

 (2) The language of instruction of a vocational secondary education curriculum shall be Estonian. The language of instruction of another curriculum shall be decided by the owner of school.

 (3) In case of a curriculum in which the language of instruction is other than Estonian, the instruction in Estonian shall be mandatory to the extent provided for in the school curriculum, which ensures proficiency in Estonian at a level necessary for working in the acquired profession.

 (4) [Repealed - RT I, 28.12.2022, 8 - entry into force 01.09.2024]

 (5) When teaching a student who is deaf or has decrease of auditory ability, Estonian sign language and signed Estonian language may be used in addition to Estonian language.
[RT I, 28.12.2022, 8 - entry into force 01.09.2024]

§ 30.  Work practice

 (1) Work practice is part of a curriculum in the course of which a pupil performs work and study assignments with specific study objectives in the working environment under the supervision of an instructor.

 (2) Work practice and practical work performed in the study environment make at least one-half of the volume of a curriculum and are generally divided equally. In justified cases the school may amend the division of practical work and work practice.

 (3) Upon organisation of the work practice of pupils, the relations between the school, the pupil or his or her legal representative and the person or institution who conducts the work practice shall be regulated by a contract entered into by them before commencement of the work practice, setting out the specific organisation of work practice and the rights and obligations of the parties to the work practice contract.

 (4) The conditions and procedure for the organisation and conduct of work practice shall be established by a regulation of the minister in charge of the policy sector.

 (5) Subsections 2 and 3 of this section shall not be applied to the organisation of work practice in military or public defence specialities. The conditions and procedure for the organisation and conduct of work practice in the given specialities shall be established in the documents regulation the organisation of studies of the relevant educational institution.

§ 31.  Assessment

 (1) Assessment is a part of the study process in the course of which a fair and unbiased assessment shall be given to the compliance of the level of competencies acquired by the pupil with the learning outcomes described in the curriculum.

 (2) The uniform assessment system used in vocational training, bases for assessment of the acquisition of learning outcomes, assessment methods and criteria and descriptions of marks shall be established by a regulation of the minister in charge of the policy sector.

§ 31¹.  Support of student’s development and learning

 (1) In supporting the student’s development and learning and provision of high-quality vocational education, the school complies with the principles of inclusive education and ensures the equal access to support to all students.

 (2) The conditions of and procedure for supporting the development and learning of students, including the application of support measures shall be established by a regulation of the minister in charge of the policy sector.

 (3) To account for the individuality of students, the school may make amendments or adjustments to the time, content, organisation and environment of learning by preparing an individual curriculum to a student on the basis of the school’s curriculum. Thereby the learning outcomes of the individual curriculum must coincide with the description in the school’s curriculum. The individual curriculum shall be approved by the head of school or their authorised person.

 (4) To keep records of participation in studies of students subject to the compulsory education obligation and to ensure compliance with the compulsory education obligation, the school shall apply subsections 2 and 4 of § 35 and § 36 of the Basic Schools and Upper Secondary Schools Act.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 32.  Specifications for organisation of studies

 (1) A school may provide vocational training for the pupils of basic school and upper secondary school, the curriculum of which shall be prepared by the school in cooperation with the basic school or upper secondary school on the basis of the relevant school curriculum and which allows pupils to acquire primary vocational, professional and occupational competencies within the framework of elective subjects prescribed on the basis of the national curricula for basic schools and upper secondary schools or the simplified national curriculum for basic schools.

 (2) For the provision of instruction specified in subsection 1 of this section, a contract shall be entered into between the school and the basic school or upper secondary school where the student acquires basic or general secondary education.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (3) The schools shall issue certificates concerning the completion of vocational training provided at the basic school and the upper secondary school on the basis of subsection 1 of this section on the basis of which an entry certifying the completion of vocational training shall be made on the basic school leaving certificates or upper secondary school leaving certificates.

 (4) [Repealed - RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (5) [Repealed - RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (6) [Repealed - RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (7) [Repealed - RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (8) [Repealed - RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (9) [Repealed - RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (10) [Repealed - RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 33.  Specifications for studies in case of joint curricula

 (1) Joint curriculum means a school curriculum according to which instruction is provided at two or more schools. The requirements established for a school curriculum with this Act and the Vocational Education Standard shall be applied to joint curricula, taking account of the specifications provided for the joint curricula therein.

 (2) A joint curriculum shall be prepared on the basis of a cooperation contract between schools in which the details of preparation of a joint curriculum, the organisation of instruction on the basis thereof and the issue of graduation documents have been agreed.

 (3) The studies completed at schools participating in joint curriculum shall be recognised by the schools participating in the joint curriculum automatically and in full.

 (4) In case of a curriculum corresponding to the fifth qualification level, joint curriculum may be applied in the cooperation of a vocational educational institution and institution of professional higher education.

 (5) A cooperation contract concerning the joint curriculum shall be public.

§ 34.  Completion of studies

 (1) Vocational training studies shall be deemed to be completed after the learning outcomes corresponding to the qualification or partial profession described in the curriculum have been achieved and a leaving certificate shall be issued to the graduate.

 (1¹) [Repealed - RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (1²) Students studying according to a curriculum of vocational secondary education, who study Estonian as a second language, must pass the state examination in Estonian as a second language for the completion of studies or a state examination in Estonian language on the basis of and pursuant to the procedure provided for in § 31 of the Basic Schools and Upper Secondary Schools Act. The aforesaid state examinations can be substituted with passing a vocational examination or specialist final examination in Estonian language.
[RT I, 28.12.2022, 8 - entry into force 01.09.2024]

 (1³) In the event specified in subsection 3 of § 51 of this Act the school shall, upon graduation from school, issue a basic school or upper secondary school leaving certificate bearing an entry on completion of vocational training, or a vocational educational institution leaving certificate or both to the student.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (2) The conditions for completion of studies cum laude of a pupil on the basis of a curriculum enabling the acquisition of secondary education shall be established by a regulation of the minister in charge of the policy sector.

 (3) The school shall enter the data of the issued leaving certificates to the Education Information System.

 (4) The formats of and the procedure for issue of leaving certificates and other documents issued by the school shall be established by a regulation of the Government of the Republic.

§ 34¹.  Exclusion of students from school

 (1) A student is excluded from school:
 1) where the student has fulfilled the conditions for completion of formal vocational education and a graduation certificate has been issued to the student;
 2) on the basis of an application submitted to school by the student or a parent of a student with limited active legal capacity;
 3) where the student has failed, without a valid reason, to participate in studies within two weeks after the beginning of studies, except a student subject to the compulsory education obligation;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 4) in the event of closure of curriculum, if by the moment of closure the student has not declared their wish to be transferred to another curriculum, except a student subject to the compulsory education obligation;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 5) where the student pursued vocational training studies organised in prison but does not continue their studies at school within two months after being released;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 6) where the student fails to fulfil the conditions for the completion of vocational training within the standard period of study and their period of study has not been changed under an individual curriculum or adjustments to the time, content or organisation of studies have not been made, except a student subject to the compulsory education obligation;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 7) where by their behaviour the student jeopardises the security of other people in the school or repeatedly violates the general rules of conduct established in the internal rules of the school, except a student subject to the compulsory education obligation;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 8) where the student has significant study debts in the principal studies prescribed with the curriculum that hinder their studies and the school has previously applied all support measures at their disposal for supporting the learner, except a student subject to the compulsory education obligation;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 9) if there are no data on residence in Estonia of a student who does not participate in studies, unless the school is aware that the student is staying in Estonia and the student or the parent of a student with limited active legal capacity has provided the school with confirmation that the student continues the studies at that school;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 10) in the event of the death of the student;
 11) where the student fails to comply with the obligations created on the basis of subsections 1 and 2 of § 47¹ of this Act.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (2) The procedure for exclusion of students from school is established by a regulation of the minister in charge of the policy sector.

 (3) Section 28 of the Basic Schools and Upper Secondary Schools Act is applied to the exclusion from school of basic school and upper secondary school students in non-stationary form of study.
[RT I, 26.04.2024, 1 - entry into force 06.05.2024]

§ 35.  Continuation of studies

 (1) In the event vacant places exist, students shall have the right to continue studies commenced at one school at another school on the basis of the same or a new vocational or professional curriculum. To account for the previous studies as part of the chosen curriculum, the principles for recognition of prior learning and professional experience shall be applied.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (1¹) A student has the right, with the decision of the head of school and in the event vacant places exist, to continue the commenced studies according to another curriculum in the same school without the procedures of exclusion from and admission to school, if the school has assessed the student’s suitability for completing the curriculum and operating in the specialty being studied. Upon changing the curriculum the principles for recognition of prior learning and professional experience shall be applied. The conditions of and procedure for changing the curriculum shall be established by the council of the school.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (2) Persons who have acquired vocational secondary education have the opportunity to continue general education studies to the extent of one academic year at a vocational educational institution or upper secondary school.

 (3) The conditions of and procedure for general education studies specified in subsection 2 of this section shall be established by a regulation of the minister in charge of the policy sector.

 (4) Persons who have acquired vocational secondary education have the opportunity to continue studies on the first level of higher education.

Chapter 7 Members of School  

§ 36.  Members of school

 (1) The members of school shall include the head of school, leading employees of teaching and education, teachers and other employees (hereinafter employees) and pupils and students.

 (2) For the purposes of this Act, a pupil shall be a learner following the curriculum of formal vocational education.

 (3) For the purposes of this Act, a student shall be a learner following the curriculum of professional higher education. The rights and obligations established with this Act shall be applied to students insofar as the Higher Education Act does not provide otherwise.
[RT I, 19.03.2019, 12 - entry into force 01.09.2019]

§ 37.  Employees

 (1) The official duties and obligations of employees shall be determined in the job descriptions and employment contracts.

 (2) The head of school shall enter into, amend and cancel employment contracts with employees.

§ 38.  Teaching and education employees

 (1) For the purposes of this Act, teaching and education employees shall be deemed to be the head of school, leading employees of teaching and education, teachers and support specialists.

 (2) The work organisation rules according to this Act shall be applied to teachers working at vocational educational institutions.

 (3) The self-assessment of teachers shall be organised at schools annually. In the course of self-assessment the teacher shall prepare an assessment report on which his or her direct supervisor shall give feedback to.

 (4) Teaching and education employees shall participate in further training according to the individual training need in order to maintain their professionalism. In case of teachers, practicing at an enterprise or institution shall also be taken into account as the performance of the obligation to pass further training. Practicing means professional work performed in a work environment with a specific purpose which has a direct link with the field taught by the teacher. During practice the teacher shall be released from teaching. The school shall establish the procedure for practicing.
[RT I, 23.03.2015, 5 – entry into force 01.07.2015]

 (5) [Repealed – RT I, 13.12.2013, 5 – entry into force 23.12.2013]

§ 39.  Qualification requirements

 (1) The qualification requirements for the head of school require a Master’s level degree or a qualification corresponding thereto, management competence and experience, educational competence and Estonian language proficiency at level C1.
[RT I, 28.12.2022, 8 – entry into force 01.08.2023]

 (2) The qualification requirements for the leading employee of teaching and education require a Master’s level degree or a qualification corresponding thereto, educational and management competence, at least three years of experience in education and Estonian language proficiency at level C1.
[RT I, 28.12.2022, 8 – entry into force 01.08.2023]

 (3) The qualification requirements established in subsection 4 of § 74¹ of Basic Schools and Upper Secondary Schools Act are applied to teachers. The requirements applied to vocational teachers have been established in the vocational standard. The percentage of teachers corresponding to the lowest level of a professional standard of vocational teacher shall not be more than 20% at the school. The restriction provided for in the third sentence of this section does not apply to instruction in military specialties. The number of teachers who work at the school and comply with the qualification requirements must be sufficient, taking into account the scope of learning and teaching conducted thereby, to ensure the achievement of learning and teaching objectives determined in the curriculum and achievement of learning outcomes.
[RT I, 28.12.2022, 8 – entry into force 01.08.2023]

 (4) The qualification requirements provided for in subsections 7–10 of § 74¹ of Basic Schools and Upper Secondary Schools Act shall be applied to support specialists.
[RT I, 28.12.2022, 8 – entry into force 01.08.2023]

 (5) The head of school shall assess the compliance of teaching and education employees with the qualification requirements. Documents certifying foreign education shall be assessed on the conditions and pursuant to the procedure provided for in and established on the basis of § 28¹ of the Republic of Estonia Education Act. The recognition of professional qualifications of persons having acquired the foreign professional qualifications of a teacher or support specialist shall be based on the conditions and procedure established in the Recognition of Foreign Professional Qualifications Act. The competent authority provided for in subsection 2 of § 7 of the Recognition of Foreign Professional Qualifications Act is the Ministry of Education and Research.
[RT I, 30.12.2015, 1 – entry into force 18.01.2016]

 (6) A vacant position of a teaching and education employee shall be filled by way of a public competition. A position of a teaching and education employee may be filled without organising a public competition if the time of work at the position is less than 50 per cent of full time.

 (7) An active serviceman who complies with the requirements for competence, education and work experience described in the relevant professional standard shall be appointed to a position of a teacher with military rank.

 (8) The conditions and procedure for a public competition organised to fill vacant positions of teaching and education employees shall be established by a regulation of the minister in charge of the policy sector.

 (9) If the public competition organised to fill a vacant position of a teaching and education employee fails, the head of the school may enter into an employment contract for a term of up to one year with a person who has completed at least secondary education, whose qualification and educational competence are sufficient to ensure the achievement of learning objectives and tasks determined in the curriculum and achievement of learning outcomes and whose proficiency in the Estonian language complies with the requirements established in the Language Act and on the basis thereof. If a competition organised to substitute for an employee who is temporarily absent fails, an employment contract for a specified term may be entered into with a person who has completed at least secondary education.
[RT I, 28.12.2022, 8 - entry into force 01.08.2024]

 (10) A teacher may provide instruction, within three years, on a speciality or field of study for teaching in which he or she does not have the necessary qualification if he or she has started to acquire the necessary qualification.

§ 40.  Working time of teachers

 (1) The calculation of the working time and the remuneration of teachers shall be based on their position. The working time of teachers shall be divided between direct teaching and education and other functions arising from the employment contract, job description and work organisation rules or functions assigned by the employer.

 (2) Upon the application of total working time, the period of calculation shall be an academic year. The parties may agree on the calculation period of total working time shorter than the academic year. Upon the application of total working time, the restriction established in subsection 1 of § 46 of the Employment Contracts Act shall be taken into account.

§ 41.  Beginner’s allowance for teachers

 (1) Beginner’s allowance for teachers is an allowance paid to teachers who commence work at school for the first time (hereinafter beginner’s allowance).

 (2) Beginner’s allowance may be applied for by a person who complies with at least one of the following conditions:
 1) has completed teacher training at a higher education level and commences work as a teacher in a school for the first time within 18 months after graduation;
 2) has commenced work as a teacher for the first time in the course of teacher training or studies at the level of higher education immediately preceding teacher training provided that the period of time between the completion of previous studies and the commencement of teacher training does not exceed one year and the application for beginner’s allowance has been submitted within four months after completion of teacher training at higher education level;
 3) has commenced work as a teacher for the first time, except for as a teacher of general education subjects, up to three years before the commencement of teacher training at a higher education level or proving the competencies specified in the professional standard of a vocational teacher and submits the application for beginner’s allowance within four months after completion of studies or acquisition of a professional certificate of a vocational teacher, except for a professional certificate of a vocational teacher of the lowest level.

 (3) In addition to the conditions provided for in subsection 2 of this section, an applicant for beginner’s allowance shall:
 1) work as a teacher in a vocational educational institution with at least 0.5 workload, whereas the 0.5 workload also includes working at the same time as a teacher at a general education school;
 2) comply with the qualification requirements established for the position;
 3) be proficient in Estonian at the C1 level provided for in the Language Act.

 (4) The right of a person who is on maternity leave, paternity leave, adoptive parent leave or parental leave or a person liable to national defence obligation who has been called up to perform the conscript service duty or a person undergoing pedagogical training in a foreign country in the year of completion of teacher training conducted at a higher education level to apply for the beginner’s allowance shall be extended by the period of time of the maternity leave, paternity leave, adoptive parent leave or parental leave, the period of time during which the person performed the conscript service or the alternative service or the duration of the pedagogical training.
[RT I, 26.10.2018, 1 – entry into force 01.04.2022; amended RT I, 19.03.2019, 12]

 (5) The beginner’s allowance for teachers shall be applied for, paid and returned on the basis of and pursuant to the procedure provided for in § 77 of Basic Schools and Upper Secondary Schools Act.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

§ 41¹.  Beginner’s allowance for support specialists

 (1) Beginner’s allowance for support specialists is an allowance paid to a support specialist who commences work in a school for the first time.

 (2) The beginner’s allowance for a support specialist may be applied for by a support specialist who:
 1) has completed support specialist training at a higher education level and commences work as a special education teacher, social educator or psychologist in a school for the first time within 18 months after the acquisition of higher education;
 2) works as a special education teacher, social educator or psychologist in a school with at least 0.5 workload, whereas the 0.5 workload also includes working at the same time as a support specialist in general education school;
 3) complies with the qualification requirements established for the position;
 4) is proficient in Estonian at the C1 level provided for in the Language Act.

 (3) The beginner’s allowance for a support specialist shall be applied for, the right to apply shall be extended, the allowance shall be paid and it shall be returned on the basis and pursuant to the procedure provided for in § 77¹ of the Basic Schools and Upper Secondary Schools Act.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

§ 42.  Student body

 (1) The pupils and students of a school constitute the student body.

 (2) Student bodies have the right to decide and manage independently, in accordance with law and legislation issued on the basis thereof, issues of student life based on the interests, needs, rights and obligations of students.

 (3) A student body has the right to:
 1) form unions and organisations with other student bodies on the basis of and pursuant to the procedure provided for in legislation;
 2) become a member of international organisations or pursue cooperation with them;
 3) appoint its adult representative to the school council;
 4) decide and manage all other issues of student life which pursuant to law and legislation issued on the basis thereof are within the competence of a student body and which on the same grounds have not been transferred to any other person to decide or manage.

 (4) The representative body which governs the student body is the elected student representative board which represents the student body in relations with the school and with Estonian and international organisations, agencies and persons.

 (5) All students of a school have the right to elect the student representative board. The head of school shall organise the elections of the first membership of student representative board pursuant to the procedure provided for in the statutes of the school.

 (6) Student bodies have statutes which provide the procedure for the formation of students’ representative and executive bodies, and for the rights, obligations, liability, and rules of procedure thereof.

 (7) A student body shall adopt its statutes pursuant to the procedure provided for in the statutes of the school. The student representative board shall submit the statutes of the student body to the school council for approval. The school council shall approve the statutes of the student body if the statutes comply with law and legislation issued on the basis thereof.

§ 43.  Rights and obligations of pupils

 (1) Pupils have the obligation to:
 1) participate in studies by completing the curriculum and study assignments;
 2) observe the obligations established by laws, the statutes and internal procedure rules of the school, the rules for organisation of studies and other legislation, and bear liability upon violation thereof.

 (2) Pupils have the right to:
 1) use all the opportunities created by the school for the acquisition of education;
 2) choose elective subjects pursuant to the procedure provided for in the school curriculum;
 3) participate in the elections of student representative board and run as a candidate for student representative board;
 4) use the rooms, library, teaching aids, sports and technical equipment and other resources of their school in extracurricular activities without charge on the conditions and pursuant to the procedure established by the school;
 5) receive student cards;
 6) obtain a study allowance and a study loan under the conditions and pursuant to the procedure provided for in the Study Allowances and Study Loans Act, except for the students of preparatory studies;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 7) obtain support for covering school lunch expenses on the conditions and pursuant to the procedure provided for in this Act;
 8) obtain compensation for travel expenses on the conditions and pursuant to the procedure provided for in the Public Transport Act;
 9) take academic leave;
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]
 10) obtain support services and measures for the support of studies;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 11) turn to a health service provider for health reasons during the studies;
 12) exercise other rights established by law, the statutes of the school and other legislation.

 (2¹) A pupil has the right to take the academic leave specified in clause 9 of subsection 2 of this section:
 1) up to one year in case of an adult applicant who studies according to a curriculum with study volume of at least 60 credit points;
 2) up to two years for health reasons;
 3) up to one year in the case of performing conscript or alternative service;
 4) to care for a child until the child attains three years of age.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (3) Pupils studying in full-time study are provided with health services at school on the basis of § 43 of Basic Schools and Upper Secondary Schools Act.

 (4) Pupils studying according to pre-training curricula being the basis for the training of crew members regulated with the Maritime Safety Act shall be entitled to the catering and uniform financed from the state budget. The school lunch allowance specified in § 48 of this Act does not extend to the given pupils.

 (5) Pupils studying according to vocational training curricula of rescue or police specialities in full-time study shall be entitled to the catering and accommodation financed from the state budget on the conditions and pursuant to the procedure established by the school.

 (6) The reimbursement of study costs may be demanded from pupils excluded from vocational training curricula of rescue or police specialty on the conditions and pursuant to the procedure provided for in § 691 of the Police and Border Guard Act.
[RT I, 19.03.2019, 12 - entry into force 01.09.2019]

Chapter 8 Commissioned Education  
[RT I, 28.12.2018, 3 - entry into force 01.01.2019]

§ 44.  State-commissioned education in vocational training

  [Repealed – RT I, 28.12.2018, 3 – entry into force 01.01.2019]

§ 45.  Submission of state-commissioned education request and formation of training places

  [Repealed – RT I, 28.12.2018, 3 – entry into force 01.01.2019]

§ 46.  Other commissioned education

  [Repealed – RT I, 28.12.2018, 3 – entry into force 01.01.2019]

Chapter 9 Financing  

§ 47.  School budget and financing

 (1) Schools shall have a budget in which all the revenues, expenses and finance transactions of the school are reflected.

 (2) Schools may be financed from the state budget, rural municipality budget or city budget, income received from economic activities, revenue and donations for specific purposes and other funds.

 (3) For the performance of the functions and obligations specified in § 3 of this Act, schools shall be allocated an activity support and support for specific purposes which shall be distributed to the schools with a directive of the minister in charge of the policy sector.

 (4) Activity support is a support allocated to a school for the organisation of high-quality vocational training and implementation of the school’s development plan.

 (5) The components of activity support are basic financing, performance-based financing and ensuring of availability. The ratio of basic financing and performance-based financing components is at least 80 per cent basic financing and up to 20 per cent performance-based financing.

 (6) A support for specific purposes is an additional support determined for a school, if necessary, for the implementation of activities arising from the strategic objectives of the state.

 (7) Upon calculation of the share of activity support calculated for a school from the performance-based financing, the directive of activity support or the performance of the administrative contract and the following performance indicators shall be taken into account:
 1) the quality indicators of the provision of vocational training, including the indicators of graduating the school with a vocational examination and the indicators of workplace-based study;
 2) the performance indicators of the provision of vocational training, including the indicators of completion of vocational secondary education curricula;
 3) indicators of supporting the development of society, including the indicators of participation in employment and continuation of studies and the indicators of cooperation with the social partners and educational institutions.

 (8) On the account of the activity support allocated from the state budget, the school shall form free of charge student training places for the calendar year. A student training place is calculated on the basis of learning outcomes in the volume of 60 credit points. The reimbursement of study costs shall not be demanded from any student studying in a free of charge student training place in any educational institution providing vocational training, regardless of the ownership form thereof.

 (9) The principles of activity support specified in subsection 3 of this section and the conditions and procedure for implementation thereof and the application thereof to municipal and private schools shall be established by a regulation of the minister in charge of the policy sector.

 (10) The allocation of activity support and, if necessary, the support for specific purposes to a school administered by the state and the obligations of the school upon the organisation of vocational training shall be approved with a directive for allocation of activity support by the minister in charge of the policy sector. The directive for the allocation of activity support shall set out, inter alia:
 1) the monetary amount of activity support and, if necessary, the support for specific purposes;
 2) the obligations relating to the provision of vocational training based on the functions of the school and needs of the state;
 3) the number of student training places financed from the state budget, including the number of student training places for the conduct of vocational training financed from the state budget for students with special educational needs and at a custodial institution and the curricula groups or curricula in case of which the school does not have the right to charge a fee from students studying thereunder.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (11) Allocation of the activity support and, if necessary, the support for specific purposes, to the owner of a municipal and private school from the state budget as well as the obligations of the school upon the organisation of vocational training shall be agreed on in an administrative contract entered into between the owner of a school and the ministry, which shall set out, inter alia:
 1) the monetary amount of activity support and, if necessary, the support for specific purposes, allocated from the state budget and the allocation procedure thereof;
 2) the functions and obligations relating to the provision of vocational training based on the needs of the state;
 3) the number of student training places financed from the state budget, including, separately where necessary, the number of student training places for the conduct of vocational training financed from the state budget for students with special educational needs and at a custodial institution and the curricula groups or curricula in case of which the school does not have the right to charge a fee from students studying thereunder;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (12) The functions and obligations specified in clause 2 of subsection 10 and clause 2 of subsection 11 of this section in cooperation with the social partners shall be determined based on the needs of the labour market, the proposals of registered professional associations, strategic development plans of the state and development plans for different fields, studies and forecasts and the developed network of schools.

 (13) [Repealed - RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (14) The bases and conditions of and the procedure for financing the vocational training of public defence institutions of professional higher education and the curricula groups and curricula in case of which a fee cannot be charged from students studying thereunder shall be established by a regulation of the minister in charge of the policy sector.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 47¹.  Formal vocational education for tuition fee

 (1) The state and municipal school shall demand reimbursement of study costs i.e a fee within the entire curriculum from a student who:
 1) upon applying for a student training place has already been admitted to formal vocational education without a tuition fee or has been matriculated to studies without a tuition fee at the level of higher education;
 2) within ten years prior to admission has completed studies without a tuition fee at the level of higher education;
 3) within five years prior to admission has completed vocational education of the same or higher level without a tuition fee, except for when they commence studies in continuing education of the same completed level;
 4) prior to admission has been admitted twice or more to formal vocational education without a tuition fee and has discontinued studies on all occasions and less than five years have passed since the last discontinuation.

 (2) The state and municipal school shall demand the reimbursement of study costs within the entire curriculum from students who commences studies in formal education provided in a language other than Estonian.

 (3) The state and municipal school, including institutions of professional higher education, may, in addition to the student training places formed under subsection 8 of § 47 of this Act, also offer student training places for a tuition fee, in case of which the reimbursement of study costs shall be demanded within the entire curriculum also from students who do not meet the conditions specified in clause 1 of this section.

 (4) A vocational educational institution shall not demand reimbursement of study costs from a student who:
 1) complies with the compulsory education obligation;
 2) studies in preparatory studies;
 3) studies according to a curriculum of vocational secondary education and has not acquired vocational education before admission;
 4) studies in a student training place formed on the basis of subsection 8 of § 47 of this Act and does not meet the conditions specified in subsections 1 and 2 of this section.

 (5) Reimbursement of study costs shall not be demanded from a student who meets the conditions specified in clause 3 of subsection 1 of this section if the student commences studies for the first time at the same level after completion of preparatory studies or has previously, in parallel with the acquisition of general secondary education, finished formal vocational education.

 (6) Reimbursement of study costs shall not be demanded from a student who meets the conditions specified in clauses 2–4 of subsection 1 of this section if a reduced work ability has been ascertained on the student, the student is registered as unemployed or is another target group on the basis of the labour market measure of development of skills provided for in the Labour Market Measures Act and the Estonian Unemployment Insurance Fund has agreed with them in the action plan the commencement of studies in formal vocational education with the support of the unemployment insurance fund.

 (7) Reimbursement of study costs shall not be demanded from a student who meets the conditions specified in subsections 1 and 2 of this section if they commence studies according to a curriculum or curricula group in case of which the state has forbidden charging a tuition fee on the basis of clause 3 of subsection 10, clause 3 of subsection 11 or subsection 14 of § 47 of this Act.

 (8) The student specified in subsection 1 of this section has the possibility to transfer from a student training place for a tuition fee to a student training place without a tuition fee only in case a vacant training place exists according to a curriculum or curricula group in case of which the state has forbidden charging a tuition fee on the basis of clause 3 of subsection 10, clause 3 of subsection 11 or subsection 14 of § 47 of this Act. The specific procedure of transfer to a student training place without a tuition fee shall be established by the advisory body of the school.

 (9) If a student training place becomes vacant on the basis of subsection 8 of § 47 of this Act, the school may fill it with a student who studies in a training place for a tuition fee of the same curriculum, except for a student specified in subsection 1 of this section.

 (10) The bases for determining the amount of tuition fee of formal vocational education and the limits thereof in state and municipal schools shall be established by a regulation of the Government of the Republic.

 (11) The advisory body of the school shall establish the tuition fee of a student training place of a curriculum by the start of admission at the latest. The school may increase the amount of tuition fee of a student training place of a student who has already commenced studies up to ten per cent in comparison with the previous academic year, but not more than the limit established under subsection 10 of this section.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025; § 47¹ shall be applied to students who commence studies in the academic year starting on 1 September 2025.]

§ 48.  Support of coverage of expenses of school lunch

 (1) Subsidies shall be prescribed in the state budget for covering the expenses of school lunch of pupils who have not completed secondary education and who study in full-time study according to initial training curricula (hereinafter school lunch allowance).
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (2) The allocation of school lunch allowance shall be based on the number of pupils specified in subsection 1 of this section, the calculated cost of a school lunch per pupil and the number of days of study in an academic year.

 (3) [Repealed – RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (4) The conditions and procedure for the use of school lunch allowance shall be established by the owner of school.

 (5) The conditions of and procedure for the use of school lunch allowance of state schools shall be established by a regulation of the minister in charge of the policy sector.

Chapter 10 Reorganisation, Specifications for Management, Transfer and Closure of Schools  

§ 49.  Reorganisation and closure of schools

 (1) A school shall be reorganised and closed by the owner of school. A state school shall be reorganised and closed on the basis of an Act of the Government of the Republic, taking into account the specifications provided in this section.

 (2) Schools shall be reorganised as follows:
 1) schools shall be merged into one or several schools, whereby the merged schools shall be closed and a new school or new schools shall be founded on the basis of these schools;
 2) a school or schools will be merged with another school and the school or schools being merged will be closed;
 3) a school shall be divided into at least two schools and the school that is being divided shall be closed;
 4) a school shall be separated from another school and as a result thereof a new school shall be founded and the initial school shall be preserved.

 (3) No less than six months before the start of a new academic year, the school and pupils shall be notified in a form that can be reproduced in writing of a decision to reorganise and close a school. If a school does not belong under the area of government of the Ministry of Education and Research, the reorganisation or closure thereof shall be notified to the minister in charge of the policy sector no later than six months before the start of a new academic year.
[RT I, 04.07.2017, 1 – entry into force 01.09.2017]

 (4) Schools shall be reorganised or closed between 1 July and 31 August in the same year.

 (5) The owner of a school shall make certain that the pupils of the closed school can continue their studies.

 (6) If a school does not have the right to provide instruction in any curricula groups, the owner of school shall initiate the closure of school.

 (7) Where a vocational educational institution and upper secondary school are merged or a school where both vocational training and general education studies are provided is reorganised, the management thereof is assigned or activity is terminated, the provisions of the Basic Schools and Upper Secondary Schools shall be applied.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 50.  Transfer of management of school

 (1) The state has the right to transfer the management of a state school to a rural municipality or city and rural municipalities and cities have the right to transfer the management of municipal schools to the state or another rural municipality or city.

 (2) Upon transfer of the management of a school, the provisions of the Law of Obligations Act regarding the transfer of enterprise shall be applied with the specifications arising from this Act.

 (3) Simultaneously with the application for the transfer of the management of school, the transfer of the right to provide instruction in curricula groups of the transferred school together with other non-material assets of the school shall be applied for. An application for the transfer of the right to provide instruction in curricula groups shall be submitted to the minister in charge of the policy sector by the rural municipality or city to which the state school or municipal school shall be transferred.

 (4) The transfer of the management of a school to the state or another rural municipality or city shall be set out in an administrative contract entered into between the local government and the Ministry of Education and Research or two local governments. The administrative contract shall set out the following:
 1) the date of transfer of the management of the school;
 2) the functions of the school to be transferred;
 3) the conditions of and procedure for the continuance of the studies by pupils;
 4) the conditions of and procedure for the continuance of the work of the school employees in the school to be transferred, taking into account the provisions of the legislation regulating employment relationships;
 5) the conditions of, procedure for and the term of transfer of the assets and property used by the school to the new owner of school, taking into account the provisions of the legislation;
 6) the conditions of, procedure for and term of transfer of the records of the school to the new owner of school;
 7) resolution of possible organisational and budgetary issues and issues concerning other proprietary obligations and rights relating to the transfer of the management of the school.

 (5) Upon transfer of the management of a school, the new owner of the school will provide the pupils with the possibility to continue their studies at the school.

 (6) The management of a school shall be transferred from 1 July until 31 August in the same year. The pupils and employees of the school will be notified of the decision to transfer the management of the school not later than two months before the start of the new academic year.

§ 51.  Provision of vocational education and general education in single institution
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (1) With the decision of the owner of a school a school may, in addition to vocational education, also provide general secondary education, if studies are also conducted in the school on the basis of a curriculum of vocational secondary education.

 (2) With the decision of the owner of a school a school may provide basic education in non-stationary study or, in the event specified in subsection 3 of this section, also in full-time study pursuant to the procedure provided for in § 22 of the Basic Schools and Upper Secondary Schools Act.

 (3) In a school where vocational training is provided in a curriculum group of music and performing arts, general education studies may be provided by forming study groups in music starting from the first grade of basic school and in choreography starting from the fourth grade.

 (4) The provisions of the Basic Schools and Upper Secondary Schools Act shall be applied to the study load, assessment, curricula, support, school holidays, the conditions of graduation from school and the rights and obligations of students in general education studies at a school operating in a manner specified in subsections 1 and 2 of this Act, in other part this Act shall be applied.

 (5) The statutes and development plan of a school operating in the manner provided for in subsections 1 and 2 of this section must also, in addition to the data provided for in this Act, include the compulsory data specified in §§ 66 and 67 of the Basic Schools and Upper Secondary Schools Act with regard to general education studies. The statutes and the development plan shall be approved pursuant to the procedure provided for in this Act.

 (6) The school operating in a manner specified in subsections 1 and 2 of this Act shall have a board of trustees to which formation and activity the Basic Schools and Upper Secondary Schools Act shall be applied and the advisory body to which formation and activity this Act shall be applied.

 (7) The school operating in a manner specified in subsections 1 and 2 of this Act shall have a teachers’ council which operates on the basis of the Basic Schools and Upper Secondary Schools Act.

 (8) The school operating in a manner specified in subsections 1 and 2 of this Act shall have a council to which formation and competence this Act shall be applied.

 (9) The filling of a vacant position of a head of school operating in the manner provided for in subsections 1 and 2 of this section shall be based on the provisions of this Act. The head of school acting in the manner provided for in subsection 1 of this section shall have the competence arising form this Act and the Basic Schools and Upper Secondary Schools Act.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

Chapter 11 Administrative Oversight  

§ 52.  Exercise of administrative oversight

 (1) Administrative oversight over the legal activity of schools and the owners thereof shall be exercised by the Ministry of Education and Research (hereinafter the supervisory agency) with the objective of ensuring the availability of vocational education and access thereto on equal grounds, organisation of teaching and education and the quality and performance thereof.
[RT I, 04.07.2017, 1 – entry into force 01.09.2017]

 (2) The oversight authority appoints the persons exercising administrative oversight, involving experts, where necessary.

§ 53.  Functions of officials exercising administrative oversight

  [Repealed – RT I, 04.07.2017, 1 – entry into force 01.09.2017]

§ 54.  Rights of officials exercising administrative oversight

  Officials exercising administrative oversight have the right to:
 1) visit a school in order to inspect teaching and education, informing the head of the school thereof in advance;
 2) participate in meetings of the directing bodies of the school, employees, pupils and parents;
 3) examine the documents of a school;
 4) receive information from a school concerning the implementation of legislation;
 5) [Repealed – RT I, 04.07.2017, 1 – entry into force 01.09.2017]
 6) [Repealed – RT I, 04.07.2017, 1 – entry into force 01.09.2017]
 7) [Repealed – RT I, 04.07.2017, 1 – entry into force 01.09.2017]
 8) [Repealed – RT I, 04.07.2017, 1 – entry into force 01.09.2017]

§ 55.  Results of administrative oversight

 (1) The results of administrative oversight shall be documented in a certificate.

 (2) The certificate shall set out the following data:
 1) the time and place of drawing up the certificate;
 2) brief details on the school;
 3) the oversight authority exercising administrative oversight;
 4) the time of exercising administrative oversight;
 5) the names of the officials and experts who carried out administrative oversight;
 6) the results of administrative oversight;
 7) the time and description of offences;
 8) the precepts issued and proposals made;
 9) the term of notification of complying with the precepts.

 (3) The following shall be specified in a precept:
 1) the name of the person or body whom the precept is aimed at;
 2) the obligation to perform necessary acts for the termination of an offence;
 3) the basis of the precept;
 4) the term of complying with the precept.

 (3¹) Where in the course of administrative oversight it has been established that the teaching and education employees do not comply with the Estonian language proficiency requirement prescribed for in the qualification requirements, the oversight authority specified in subsection 1 of § 52 of this Act has the right to issue a precept:
 1) for filling the position with a person who complies with the Estonian language proficiency requirement prescribed for in the qualification requirements;
 2) for termination of the employment contract with a person who does not comply with the Estonian language proficiency requirement prescribed for in the qualification requirements.
[RT I, 28.12.2022, 8 – entry into force 01.08.2023]

 (4) [Repealed – RT I, 04.07.2017, 1 – entry into force 01.09.2017]

 (5) A head of school and a owner of school shall be notified of a certificate within sixty calendar days as of the beginning of the administrative oversight.

 (6) If the owner of school fails to comply with a precept during the term specified in the certificate, the oversight authority may impose a non-compliance levy pursuant to the procedure provided for in the Substitutional Performance and Non-Compliance Levies Act. The upper limit for a non-compliance levy is 9,600 euros.
[RT I, 28.12.2022, 8 – entry into force 01.08.2023]

§ 55¹.  Administrative oversight over compliance with language requirements

  Administrative oversight over compliance with the language requirements established in this Act, the Language Act and on the basis thereof is exercised by the Language Board according to their competence.
[RT I, 28.12.2022, 8 – entry into force 01.08.2023]

Chapter 12 Implementing Provisions  

§ 56.  Transition related to management of school

 (1) The statutes of a school shall be brought into conformity with the requirements of this Act by 1 January 2014. The statutes applicable upon entry into force of this Act shall be valid until they have been brought into conformity with this Act but not longer than until 1 January 2014.

 (2) School development plans approved before entry into force of this Act shall be valid until the end of their term.

 (3) The management of a school shall be brought into conformity with the requirements specified in §§ 17 and 18 of this Act by 1 January 2014. Until 31 December 2013, schools shall be managed on the basis of provisions of the Vocational Educational Institutions Act (RT I, 08.07.2011, 9) applicable before the entry into force of this Act.

 (4) The emergency plan specified in subsection 3 of § 21 of this Act shall be established by 1 January 2014.

 (5) The school shall ensure access to the support services specified in clause 2 of subsection 2 of § 3 of this Act according to the pupil’s needs from 1 January 2014.

 (6) The statutes of a school shall be brought into conformity with the amendments of this Act having entered into force on 1 January 2019 by 1 September 2019.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

§ 57.  Transition to language of instruction in Estonian

 (1) In the studies conducted according to the curriculum of vocational secondary education, the proportion of another language from academic year 2024/2025 to academic year 2029/2030 may be up to 40 per cent of the volume of studies specified in the school curriculum.

 (2) The school shall ensure the transition of students having commenced studies according to the curricula of vocational secondary education to Estonian-language instruction by the academic year 2030/2031 at the latest. The proportion of instruction in another language in the studies conducted for the students having commenced studies of vocational secondary education before the aforesaid academic year may be up to 40 per cent of the volume of studies specified in the school curriculum.
[RT I, 28.12.2022, 8 - entry into force 01.09.2024]

§ 57¹.  Application of Estonian language proficiency requirement to teachers and support specialists

  The Estonian language proficiency requirement provided for in § 74¹ of Basic Schools and Upper Secondary Schools Act shall be applied to teachers and support specialists as a qualification requirement since 1 August 2024.
[RT I, 28.12.2022, 8 – entry into force 01.08.2023]

§ 58.  Transition to right to provide instruction

 (1) The right to provide instruction shall be deemed to be granted until 1 January 2017 in school curricula groups into which the curricula entered in the Education Information System as of 1 September 2013 belong and according to which instruction is provided.
[RT I, 30.12.2015, 1 – entry into force 01.01.2016]

 (2) The extension of the right to provide instruction shall be implemented on the basis of this Act from 1 January 2014. The right to provide instruction in the curricula group specified in subsection 1 of this section shall be extended on the basis of the time schedule drawn by the institution that organises accreditation.

 (3) If the right to provide instruction shall not be extended, instruction according to the curricula belonging to the curriculum group with a valid education licence may be provided until the expiry of term of the education licence. New pupils shall not be admitted to the curriculum within such period.

 (4) The right to provide instruction shall be applied for upon the establishment of a new school after entry into force of this Act or opening studies in a new curriculum group according to this Act.

 (5) The right to provide instruction shall be deemed to be extended for six years in school curricula groups having received a positive assessment or full accreditation in the course of single elective accreditation conducted in 2011–2013 from the entry into force of this Act.

 (6) The right to provide instruction without a term shall be deemed to be granted to curricula groups for which a school has an accreditation for six years by 31 August 2019. The quality of vocational training of the recipient of the right to provide instruction without a term shall be assessed according to the provisions of § 141 of this Act.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

 (7) An assessment of the right to provide instruction shall be conducted in curricula groups in which a school has a valid right to provide instruction for three years by 31 August 2019 according to the provisions of § 11 of this Act. The costs of assessment shall be covered by the Ministry of Education and Research.
[RT I, 28.12.2018, 3 – entry into force 01.01.2019]

§ 59.  Transition to new vocational training curricula

 (1) The national curricula applicable at the time of entry into force of this Act shall be valid until they have been brought into conformity with this Act but not longer than until 31 December 2016.

 (2) School curricula shall be brought into conformity with national curricula brought into conformity with this Act within six months starting from the entry into force of the relevant national curriculum. The new curriculum shall be applied from the beginning of the academic year following the approval thereof.

 (3) Pupils admitted to school before 1 September 2017 who study according to a school curriculum which is not in conformity with this Act, and who have completed less than one-half of the volume of curriculum by the time of application of the new curriculum shall be transferred to a curriculum brought into conformity with this Act, thereby their time of studies cannot be extended upon transfer to the new curriculum. From 1 September 2017, new pupils shall be admitted only to the school curricula brought into conformity with this Act.

 (4) The curricula applicable before the entry into force of this Act shall be closed no later than on 31 August 2018 and pupils shall be transferred to curricula in conformity with this Act.

§ 59¹.  Transfer from choice of profession curriculum to preparatory studies

 (1) The choice of profession curricula shall be closed on 31 August 2026 at the latest.

 (2) A student studying according to the choice of profession curriculum in academic year 2025/2026 is able to learn thereunder until the end of academic year. The version of this Act in force before 1 September 2025 shall be applied to the conduct of choice of profession studies.

 (3) The schools specified in subsection 2 of § 23² of this Act are able to conduct preparatory studies since 1 September 2026.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 60.  Transition to new forms of study

 (1) The forms of study according to this Act shall be applied to pupils admitted to formal training after entry into force of this Act.

 (2) The form of study and study load applicable before the entry into force of this Act shall be applied to pupils studying according to the curricula of vocational training without the requirement of basic education, vocational training on the basis of basic education, vocational secondary education and vocational training on the basis of basic education before the entry into force of this Act.

§ 61.  Transition to credit points

  Credit points shall be applied in parallel with study weeks from the entry into force of this Act. In the documents certifying studies, the study volume unit, either study week or credit point respectively, used in the curriculum being the basis for the given document shall be used. In case of the curricula prepared on the basis of this Act only credit points shall be used.

§ 62.  Transition to new qualification requirements for teaching and education employees

 (1) An assessment of the professional skills, proficiency and level of qualifications of teachers specified in a regulation of the Minister of Education and Research established on the basis of subsection 5 of § 30 of the Vocational Educational Institutions Act (RT I, 08.07.2011, 9) and governed by the conditions of and procedure for assessment referred to in the given regulation shall be organised until 31 December 2013.

 (2) The job grades attributed in an assessment organised until 31 December 2013 shall remain in force until their expiry.

 (3) Vocational teachers and teachers of general education subjects who commenced employment at a school before entry into force of this Act shall also be deemed to be teachers for the purposes of this Act.

§ 63.  Transition related to financing of schools

 (1) The financing of schools shall be brought into conformity with the requirements provided for in § 47 of this Act by 1 January 2014. Until 31 December 2013, vocational training shall be financed on the basis of §§ 33²–33⁴ of the Vocational Educational Institutions Act (RT I, 08.07.2011, 9) applicable before entry into force of this Act.

 (2) The allowance for covering the expenses of school lunch specified in § 48 of this Act shall apply to pupils studying in full-time study according to the curricula of vocational training without the requirement of basic education, vocational training on the basis of basic education and vocational secondary education or in full-time study according to the pre-training curricula.

§ 63¹.  Implementation of vocational training for tuition fee

 (1) § 47¹ of this Act shall be applied to students who commence studies in the academic year starting on 1 September 2025.

 (2) The basis for demanding a fee specified in clauses 2 and 3 of subsection 1 of § 47¹ of this Act shall not be applied until 1 September 2030 in respect of an up to 26-year-old student who commences studies in vocational training of the same level for the second time or who has completed studies without a tuition fee at the level of higher education.

 (3) The data of previous ten years entered in the Education Information System prior to applying for a student training place shall be taken into account as the period prior to admission specified in clause 4 of subsection 1 of § 47¹ of this Act.

 (4) The exclusion of a student from school within the first 30 days of studies of the year of admission shall not be deemed to be the discontinuation specified in clause 4 of subsection 1 of § 47¹ of this Act.

 (5) Ascertaining the student training place for a tuition fee and without a tuition fee specified in subsections 1–7 of § 47¹ of this Act shall be based on the data available at the time of admission to a student training place.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 64. – § 87. [Omitted from this text.]

§ 88.  Entry into force of Act

 (1) This Act enters into force on 1 September 2013.

 (2) § 73 of this Act enters into force on 1 July 2014.
[RT I, 22.12.2013, 1 – entry into force 01.01.2014]