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Private Schools Act

Passed 03.06.1998
RT I 1998, 57, 859
Entry into force 06.07.1998

Amended by the following legal instruments (show)

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of Act

 (1) This Act applies to legal persons in private law as a result of whose activities it is possible to acquire pre-school, basic, secondary or higher education.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

 (2) This Act applies to self-employed persons and legal persons in private law who provide hobby education or organise continuing vocational training or informal education for adults if the instruction organised thereby lasts longer than 120 hours or six months in a year. If these persons organise the teaching of the Estonian language in the form of continuing vocational training or information education for adults, this Act will apply to them regardless of the duration of the training organised by them.
[RT I, 18.03.2011, 1 - entry into force 01.07.2011]

 (2¹) This Act applies to a private school of international military headquarters, which has been founded under an international agreement, given the differences arising from this Act.
[RT I, 01.06.2013, 1 - entry into force 01.07.2013]

 (2²) The foundation of a private school owned by a legal person in private law whose founders, shareholders or members include the state or a local authority as well as the granting and revoking of an education licence and closure of such a private school is regulated by the Private Schools Act and, in other respects, by the act applicable to state or municipal or public schools of the same type.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

 (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.  Definition of private school and types thereof

 (1) A private school is an agency of a public limited company or private limited company entered in the commercial register or of a foundation or non-profit association entered into the non-profit associations and foundations register (hereinafter owner), which operates in accordance with Acts, legislation issued on the basis thereof and the articles of association of the owner of the private school and the statutes of the school.

 (1¹) The owner of a private school founded by international military headquarters is the international military headquarters.
[RT I, 01.06.2013, 1 - entry into force 01.07.2013]

 (2) The following are the types of private school:
 1) a pre-school child care institution;
 2) a pre-school child care institution and a general education school operating as a single institution;
 3) a basic school;
 4) a basic school where studies are pursued at stage I or at stages I and II, whereby at stage II studies do not need to be pursued to the extent of all the grades of stage II;
 5) an upper secondary school;
 6) [Repealed – RT I, 11.07.2013, 1 – entry into force 01.09.2013]
 7) a vocational educational institution;
 8) an upper secondary school and a vocational educational institution that operate as a single institution;
 9) an institution of professional higher education (hereinafter institution of higher education);
 10) a university;
 11) a hobby school;
 12) [Repealed – RT I, 11.07.2013, 1 – entry into force 01.09.2013]
 13) an adult educational institution.
[RT I 2010, 41, 240 - entry into force 01.09.2010]

 (3) A public limited company, private limited company, foundation or non-profit-association may be the owner of a private school specified in clauses 2 5)-7) of this section.
[RT I 2010, 41, 240 - entry into force 01.09.2010]

§ 2¹.  Capital requirements

 (1) A public limited company whose share capital is at least 639 100 euros, a private limited company whose share capital is at least 639 100 euros or a foundation or non-profit association whose equity capital is at least 639 100 euros may operate as the owner of a university.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (2) A public limited company whose share capital is at least 383 400 euros, a private limited company whose share capital is at least 383 400 euros or a foundation or non-profit association whose equity capital is at least 383 400 euros may operate as the owner of an institution of higher education or a vocational educational institution providing professional higher education.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (3) A public limited company whose share capital is at least 63 900 euros, a private limited company whose share capital is at least 63 900 euros or a foundation or non-profit association whose equity capital is at least 63 900 euros may operate as the owner of a vocational educational institution.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (4) The provisions of § 301 of the Commercial Code apply if the net assets of a public limited company constitute less than the minimum amount of share capital provided for in this section.

 (5) The provisions of § 176 of the Commercial Code apply if the net assets of a private limited company constitute less than the minimum amount of share capital provided for in this section.

 (6) If the net assets of a foundation or non-profit association constitute less than the minimum amount of equity capital provided for in this section, the supervisory board of the foundation or the general meeting of the non-profit association will decide to:
 1) take measures as a result of which the size of the net assets of the foundation or non-profit association would form at least the minimum amount of equity provided for in this section;
 2) dissolve, merge or divide the foundation or non-profit association, or
 3) submit a bankruptcy petition.
[RT I 2005, 65, 498 - entry into force 01.01.2006]

§ 3.  Name of private school

 (1) The name of a private school must be clearly distinguishable from the names of other educational institutions entered in the Estonian Education Information System founded on the basis of subsection 36⁶ (4) of the Republic of Estonia Education Act.

 (2) The name of a private school must not be misleading with regard to the purpose, activities, owner or legal form of the school.

 (3) [Repealed – RT I, 12.12.2011, 1 – entry into force 01.01.2012]

 (3¹) [Repealed – RT I, 12.12.2011, 1 – entry into force 01.01.2012]

 (4) An educational institution which organises informal education or provides hobby education for adults and to which the Minister of Education and Research has issued an education licence or granted registration in the Estonian Education Information System may use the word “ rahvaülikool ” [folk university] in its name.
[RT I 2007, 4, 19 - entry into force 01.09.2007]

Chapter 2 FOUNDATION 

§ 4.  Foundation

 (1) A private school, except a hobby school, vocational educational institution, university or an institution of higher education, will be deemed to be founded as of the entry of its first curriculum in the Estonian Education Information System.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

 (1¹) A university or an institution of higher education will be deemed to be founded as of being granted the first licence by the Government of the Republic for the provision of instruction on the basis of a curriculum or curricula of a higher education study programme group.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

 (2) A hobby school will be deemed to be founded as of the registration of the school and the first curriculum in the Estonian Education Information System.
[RT I, 25.03.2011, 1 - entry into force 01.07.2014]

 (3) A vocational educational institution is deemed as founded as of the right to provide vocational instruction based on a directive of the Minister of Education and Research. The details of a vocational educational institution will be entered into the sub-register of educational institutions of the Estonian Education Information System after the vocational educational institution received the right to provide instruction for the first time.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

§ 5.  Licence obligation
[RT I, 01.06.2013, 1 - entry into force 01.07.2014]

 (1) The undertaking must hold an activity licence in order to operate in the following fields of activity:
[RT I, 01.06.2013, 1 - entry into force 01.07.2014]
 1) provide education in a private school specified in clauses 2 (2) 1) to 8) and 11) to 13) of this Act;
[RT I, 29.06.2014, 1 - entry into force 01.07.2014]
 2) provide education on the basis of the curriculum of the International Baccalaureate Organization, a curriculum drawn up on the basis of the Convention defining the Statutes of the European Schools or the curriculum of a school founded by international military headquarters.
[RT I, 01.06.2013, 1 - entry into force 01.07.2014]

 (2) The activity licence entitles an undertaking to provide education on the basis of the curriculum specified in the activity licence, within the limits of the level of education and in the administrative territory of the local authority. The validity of the activity licence of an adult educational institution organising work-related or hobby education for adults is not limited to the administrative territory of the local authority.

 (3) Subsection (2) of this section is not applied upon provision of education in a hobby school.
[RT I, 02.07.2013, 1 - entry into force 01.07.2014]

 (4) The right to provide vocational education means an activity licence granted to an undertaking for three years, on the basis of which vocational education may be provided in a relevant study programme group.
[RT I, 02.07.2013, 1 - entry into force 01.07.2014]

 (5) An undertaking whom an activity licence has been granted in accordance with § 5¹ of this Act has the right to provide higher education, award respective academic degrees and issue respective academic diplomas.
[RT I, 29.06.2014, 1 - entry into force 01.07.2014]

 (6) Upon the first application for a basic school and upper secondary school activity licence, a fixed-term activity licence with a term of validity of up to five academic years will be issued. During the period of validity of the fixed-term activity licence state supervision over the teaching and education activities of the private school will be exercised. If no precepts are made in the course of state supervision or the precepts are complied with by the prescribed date, the data specified in subsection 5⁴ (2) of this Act will not need to be annexed to the application for a new activity licence and a new activity licence will be issued for an unspecified term, except in the event provided for in subsection (7) of this section.
[RT I, 29.06.2014, 1 - entry into force 01.07.2014]

 (7) If a private school operating under a fixed-term activity licence and applying for a new activity licence has submitted documents certifying that the precepts made in the course of state supervision have been fulfilled, but in the opinion of the Ministry of Education and Research new state supervision needs to be carried out for the purpose of verifying the actual compliance with the precepts, a fixed-term education licence will be issued for a term of up to five academic years.
[RT I, 29.06.2014, 1 - entry into force 01.07.2014]

§ 5¹.  Grant of right to provide instruction in higher education

 (1) The right to provide instruction in higher education and to award the corresponding academic degrees and diplomas will be granted to a private school by the Government of the Republic.

 (2) Instruction in higher education will be provided on the basis of curricula conforming to the Standard of Higher Education, which have been approved by the owner of the private school and entered in the Estonian Education Information System established on the basis of subsection 36⁶ (4) of the Republic of Estonia Education Act.

 (3) The study programme groups, in which a private school has the right to open curricula and the academic degrees and the diplomas awarded in an educational institution will be designated by the Government of the Republic on the proposal of the Minister of Education and Research once a year in an Appendix to the Standard of Higher Education.

 (4) In order to open a curriculum in a new study programme group, the owner of a private school will submit to the Ministry of Education and Research not later than nine months before the beginning of the academic year an application to which the following will be appended:
[RT I, 12.12.2011, 1 - entry into force 01.01.2012]
 1) the statutes of the private school;
 2) the development plan of the private school;
 3) a confirmation that the head of the private school and the persons belonging to the directing bodies of the owner of the private school comply with the requirements provided for in subsections 19 (2) and (3) of this Act;
 4) information concerning curricula under which instruction is to be provided, including the objectives and learning outcomes of the curricula;
 5) information concerning the full-time teaching staff who provide instruction and their qualifications;
 6) the written consents of the teachers who comply with the requirements for teachers of state educational institutions or universities in public law of the same type established by legislation to work in the private school on the basis of the corresponding curriculum;
 7) information concerning the material resources which are necessary for education and research and the sources of financing of the studies;
 8) the reasons concerning the need to open studies, including information concerning the target group and the proposals of professional associations;
 9) for the conduct of Master's studies in an institution of higher education, information concerning compliance with the requirements provided for in subsection 15² (2) of the Institutions of Professional Higher Education Act;
 10) upon application for opening of Doctoral studies in a university, information concerning the positive evaluation of the research in the scientific discipline which serves as the basis for the studies;
 11) documents certifying the existence of the share capital or equity of a foundation or non‑profit association specified in subsections 2¹ (1) to (3) of this Act together with the auditor’s report;
 12) information concerning the auditor of the owner of the private school;
 13) upon application the right to provide instruction in higher education for the first time, a notarised transcript of the memorandum of association or foundation resolution of the owner of the private school if the right is applied for by a public limited company, private limited company, foundation or non-profit association which is being founded;
 14) [Repealed – RT I, 12.12.2011 – entry into force 01.01.2012]

 (5) An applicant will pay the state fee before submitting an application.

 (6) The Ministry of Education and Research will organise assessment of the application and the appended information in the course of which it will be assessed whether the quality of the studies, including the qualification requirements for teachers established by the board of the private school and the qualifications of the teachers involved in the studies and the resources required for the provision of instruction are sufficient and whether the described learning outcomes can be achieved by the curriculum and comply with the requirements in order to provide higher education. The Ministry of Education and Research will involve the Higher Education Quality Agency in the assessment of the quality of the studies. The costs of the expert assessment will be borne by the applicant, except in the event specified in subsection 14 (5¹).
[RT I, 12.12.2011 – entry into force 01.01.2012]

 (7) On the proposal of the Minister of Education and Research, the Government of the Republic has the right to:
 1) grant a private school the right to provide instruction in a study programme group and to award the corresponding academic degree or diploma upon completion of the curriculum;
 2) grant a private school the right to provide instruction in a study programme group for one to three years and to award the corresponding academic degree or diploma upon completion of the curriculum.

 (8) If the Minister of Education and Research makes the proposal specified in clause 2) of subsection (7) of this section, the Minister will set a term upon the expiry of which the reassessment of the study programme group will be carried out in accordance with the procedure provided for in subsections (4) and (6) of this section. The expenses of reassessment will be borne by the applicant.

 (9) The Minister of Education and Research will confirm the refusal to approve an application by a directive if at least one of the following circumstances exists:
 1) the results of the assessment are negative;
 2) the applicant does not comply with the requirements provided for in this Act;
 3) the applicant has tax arrears for which no payment schedule has been arranged;
 4) the applicant submitted false or incomplete information.

 (10) On the proposal of the Minister of Education and Research, the Government of the Republic has the right to revoke the right granted to a private school on the basis of subsection (1) of this section if:
 1) in the course of state supervision it is established that the activities of the private school are unlawful and the precept issued for termination of the violation, prevention of further violations and elimination of the consequences of the violation, has not been complied with;
 2) in the course of state supervision it is established that the quality of the studies assessed on the basis of clauses 4), 5) and 8) of subsection (4) of this section has deteriorated to a significant extent or the management, work organisation, teaching and education and the study and research environment of the educational institution do not comply with the requirements;
[RT I, 08.11.2010, 4 - entry into force 01.01.2011]
 3) the owner of the private school has failed to perform an obligation provided for in subsection 14 (2) or (7) of this Act;
 4) the research in the scientific discipline which was the basis for opening Doctoral studies has been evaluated negatively;
 5) the owner of the private school or the private school provides training without a licence to provide instruction;
 6) the private school has not commenced operation within twelve months as of being granted the right to provide higher education or the operations of the private school have been suspended for twelve consecutive months;
 7) the owner of the private school has been declared bankrupt on the basis of and in accordance with the procedure provided for in the Bankruptcy Act;
 8) the net assets of a public limited company being the owner of the private school constitute less than the minimum amount of share capital provided for in subsections 2¹ (1) to (3) of this Act, the net assets of a private limited company being the owner of the private school constitute less than the minimum amount of share capital provided for in § 2¹ of this Act or the size of the equity capital of a foundation or non-profit association does not conform to the requirements provided for in subsections 2¹ (1) to (3) of this Act;
 9) the right specified in subsection (1) of this section has been granted on the basis of false or incomplete information submitted by the applicant;
 10) the Minister of Education and Research would have to make a proposal to the Government of the Republic for the third time for granting the right to provide instruction in a study programme group for one to three years and to award the corresponding academic degrees or diplomas.

 (11) If the Government of the Republic revokes the right specified in subsection (1) of this section, the private school will terminate the admission of students and the provision of instruction in the relevant study programme group and, in cooperation with the Ministry of Education and Research, ensure that the students have the opportunity to continue their studies at the same or another educational institution in the same or a similar field of study.
[RT I 2008, 34, 208 - entry into force 01.01.2011]

§ 5².  Granting right to provide vocational education
[Repealed – RT I, 02.07.2013, 1 - entry into force 01.07.2014]

§ 5³.  Extension of right to provide vocational education

 (1) The relevant study programme group will be accredited for the purpose of extension of the right to provide vocational education. The extension of the right to provide vocational instruction will be carried out on the conditions and in accordance with the procedure established in § 13 of the Vocational Educational Institutions Act and on the basis of subsection (3) thereof.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

 (2) For the purpose of extension of the right to provide vocational education, the owner of a private school will submit to the institution organising the accreditation an application not later than 12 months before the expiry of the right to provide vocational instruction in the respective study programme group.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

 (3) On the basis of the accreditation results and proposal of the assessment council, the Minister of Education and Research will make one of the following decisions:
 1) to extend the right to provide vocational instruction in the study programme group by six years;
 2) to extend the right to provide vocational instruction in the study programme group by three years;
 3) to refuse to extend the right to provide vocational education.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

 (4) In a study programme group where the right to provide instruction has been declared invalid on the basis provided for in clause 5⁶ (1) 2) of this Act or clause 37 (1) 1) or clause 37 (2) 2) of the General Part of the Economic Activities Code Act and where the school has not in a timely manner applied for extension of the right to provide instruction or where the extension of the right to provide instruction has been refused, the school cannot reapply for the right to provide instruction within three years as of the entry into force of the decision to revoke the right to provide instruction or decision to refuse to extend the right to provide instruction.
[RT I, 02.07.2013, 1 - entry into force 01.07.2014]

 (5) If granting the right to provide vocational instruction has been refused, the private school will, upon expiry of the right to provide vocational instruction, terminate the provision of instruction in the study programme group and, in cooperation with the Ministry of Education and Research, ensure that the students are able to continue their studies in the same or another educational institution.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

§ 5⁴.  Application for activity licence

 (1) An application for an activity licence will be reviewed by the Ministry of Education and Research.

 (2) In addition to the information required in the General Part of the Economic Activities Code Act, an application for an activity licence must contain the following data and documents:
 1) the statutes of the private school;
 2) the curriculum that serves as the basis for education for the provision of which an activity licence is applied for and complies with the requirements established by law;
 3) upon applying for the right to provide vocational education, a respective curriculum that complies with the requirements established by legislation and belongs to the relevant study programme group;
 4) the development plan of the private school, except upon application for an activity licence for a hobby school and an adult educational institution;
 5) a certificate certifying that the head of the private school and the persons belonging to the management bodies of the owner of the private school comply with the requirements set out in subsections 19 (2) and (3) of this Act;
 6) a certificate of the owner of the school certifying that the head of the school, the head teacher and teachers of the school comply with the qualifications requirements and, if the right to provide vocational education is applied for, the school has the required teaching staff;
 7) information on the existence or use of the premises, buildings, furnishings, land and other property required for the activities of the private school under a leasing or tenancy contract and their compliance with the health, fire safety and rescue requirements;
 8) written consent of the school health service provided regarding the provision of the school health service and information on the existence of the school health service activity licence in a basic school, upper secondary school and vocational educational institution;
 9) upon applying for the right to provide vocational education, information about the fulfilment of the capital requirements provided for in subsection 2¹ (2) or (3) of this Act;
 10) upon applying for the right to provide vocational education, the reasons of opening the study, including information on the target group;
 11) upon applying for the right to provide vocational education, written opinions of the social partners corresponding to the study programme group.

 (3) An activity licence for implementing a curriculum on the basis of which formal and supplementary training is provided to crew members may be granted to a person who holds an activity licence specified in clause 7 11) of the Maritime Safety Act.

 (4) Upon applying for an activity licence for provision of education on the basis of the curriculum of the International Baccalaureate Organization, a curriculum drawn up on the basis of the Convention defining the Statutes of the European Schools or the curriculum of a school founded by international military headquarters, the data and documents specified in clauses 1) 4) and 6) of subsection (1) of this section are submitted in the application for an activity licence. For the purpose of implementation of the curriculum of the International Baccalaureate Organisation, an additional document certifying the permit of the International Baccalaureate Organisation to implement the curriculum shall be submitted. For the purpose of implementation of the curriculum drawn up on the basis of the Convention defining the Statutes of the European Schools a document certifying that the private school has fulfilled the requirements established on the basis of the Convention defining the Statutes of the European Schools for teaching under the curriculum will also be submitted.

 (5) An application for an activity licence must be submitted not later than five months before the start of the implementation of the curriculum and, in the event of applying for the right to provide vocational education, not later than six months before the planned start of teaching.

 (6) The Ministry of Education and Research will decide an application for an activity licence by granting the activity licence or refusing to grant the activity licence within two months and, in the event of applying for the right to provide vocational education, within four months after the submission of the application.

 (7) The Ministry of Education and Research will inform the rural municipality or city government on whose administrative territory the private school is located about the granting of an activity licence.
[RT I, 29.06.2014, 1 - entry into force 01.07.2014]

§ 5⁵.  Object of inspection of activity licence

  An activity licence will be granted to a person if the person meets the following requirements:
 1) the competencies, skills and knowledge established as the objective of the curriculum can be attained under the curriculum;
 2) the material base of teaching allows for providing education at the respective level and meets the needs of the curriculum;
 3) based on the development plan, the sustainability of the private school is ensured;
 4) the head of the private school meets the requirements established in § 51¹ of the Republic of Estonia Child Protection Act;
[RT I, 29.06.2014, 1 - entry into force 01.07.2014]
 5) the private school has fulfilled the requirements of processing sensitive personal data arising from the Personal Data Protection Act;
 6) the owner of the private school and the private school comply with the requirements established for the management of a private school under this Act.
[RT I, 02.07.2013, 1 - entry into force 01.07.2014]

§ 5⁶.  Specifics of revocation of activity licence

 (1) The Ministry of Education and Research may, in addition to the grounds laid down in the General Part of the Economic Activities Code Act, revoke an activity licence also in the following events:
 1) teaching has not been commenced within 12 months after the granting of the activity licence or teaching has been suspended for 12 consecutive months;
 2) false information has been submitted upon applying for the right to provide vocational education or upon accreditation.

 (2) The Ministry of Education and Research will inform the rural municipality or city government on whose administrative territory the private school is located about the revocation of an activity licence.
[RT I, 02.07.2013, 1 - entry into force 01.07.2014]

§ 6.  Statutes

 (1) The following will be set out in the statutes of a private school:
 1) the name of the school or, in event of a university or an institution of higher education, the name in Estonian and English;
[RT I 2008, 34, 208 - entry into force 01.09.2008]
 2) the address of the school;
 3) the structure of the school;
 4) the competence and functions of the head or rector of the school (hereinafter head) and the school board;
 5) the procedure for the appointment and removal of the head and the members of the collegial management body (school board, panel, board of trustees or other) (hereinafter board) and their term of office;
 6) the procedure for amendment of the statutes;
 7) the level or classification of education (pre-school education, basic education, secondary education, vocational education, higher education, hobby education or further education) and the type of educational institution;
[RT I 2007, 4, 19 - entry into force 01.09.2007]
 8) the grounds for organisation of studies, in the event of a pre-school child care institution, in accordance with the general requirements for organisation of studies laid down in the Pre-school Child Care Institutions Act or, in the event of a basic school or an upper secondary school, in accordance with those laid down in the Basic Schools and Upper Secondary Schools Act or, in the event of provision of instruction in higher education, in accordance with those laid down in the Institutions of Professional Higher Education or in the Universities Act;
[RT I, 08.11.2010, 4 - entry into force 18.11.2010]
 9) the procedure for the admission of children, pupils or students (hereinafter students) to the private school, for the exclusion of students from the school and for graduation from the school, including the minimum requirements for the level of proficiency in the language of instruction in order to assess the adequacy of the proficiency of an alien in the language of instruction in compliance with subsection 168 (2) of the Aliens Act;
[RT I, 08.11.2010, 4 – entry into force 18.11.2010])
 10) the rights and obligations of students;
 11) the rights and obligations of teachers and other employees;
[RT I, 11.07.2013, 1 - entry into force 01.09.2013]
 12) the language of instruction and the language of administration;
 13) the procedure and grounds for the establishment of tuition fees, grant of relief therefrom, grant of discounts and grant of education allowances;
 14) the procedure for closure;
 15) qualification requirements for teachers, the conditions and procedure for assessment of compliance therewith and the conditions and procedure for taking account of the previous studies and professional experience of students;
[RT I 2008, 34, 208 - entry into force 01.09.2008]
 15¹) the conditions and procedure for the evaluation of faculty members and, in the event Doctoral studies are provided in the educational institution, for the evaluation of Doctoral candidates;
[RT I 2008, 34, 208 - entry into force 01.09.2008]
 16) other information required in accordance with legislation regulating the operations of the corresponding state or municipal educational institution or university in public law.

 (2) The statutes of a private school will be approved by the owner of the school and the statutes will enter into force as of the entry of the first curriculum of the private school in the Estonian Education Information System or, in the event of a vocational educational institution, as of obtaining the first right to provide vocational instruction or, in the event of a university or an institution of higher education, as of being granted permission by the Government of the Republic to provide instruction on the basis of the curricula of the study programme group of the level of higher education.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

§ 7.  Development plan

 (1) The following will be set out in a development plan:
 1) the characteristics of the principal activities and idea of the private school (principles and directions of development, nature of the training services to be provided, description of the staff to be used, risks involved and the possible ways of avoiding such risks);
 2) information concerning the existence of financial resources or the sources thereof for at least the duration of a period corresponding to the nominal period of study as determined by the curriculum;
 3) [Repealed – RT I, 11.07.2013, 1 – entry into force 01.09.2013]

 (2) The owner of the private school will organise the publication of the development plan in accordance with the Public Information Act on the website maintained for the purpose of providing details of the activities of the private school (hereinafter school website).
[RT I, 11.07.2013, 1 - entry into force 01.09.2013]

§ 8.  Expert assessment

 (1) On the basis of a directive of the Minister of Education and Research, an expert assessment of the curriculum concerning which an education licence is applied for and of the material resources or development plan will be conducted; an ad hoc expert committee will be formed to assesses whether the competence, skills and knowledge stated to be the objective of the instruction specified in the curriculum can be reached on the basis of the curriculum or whether the material resources enable to provide instruction of the corresponding level or conform to the needs arising from the curriculum or whether the sustainability of the school is ensured on the basis of the development plan.

 (2) The directive specified in subsection (1) will be communicated to the applicant for the education licence by post or by electronic means within five working days as of the issue of the directive.

 (3) Before the conduct of the expert assessment, the applicant for the education licence will, within one month as of the issuing of the directive specified in subsection (1) of this section, pay a security deposit in an amount prescribed in the directive, but not more than 640 euros and the security deposit will be refunded if the results of the assessment turn out to be positive. If the results of the assessment turn out to be negative, the costs related to the conduct of the assessment will be borne by the owner of the private school.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (4) The term for reviewing an application for an education licence as specified in subsection 5 (6) of this Act will be extended by the period during which an expert assessment of the curriculum, material resources or development plan is conducted, but not more than for two months.

 (5) [Repealed – RT I, 22.12. 2010 – entry into force 02.01.2011]

 (6) Upon granting the right to provide vocational education, an expert assessment to the extent, on the conditions and in accordance with the procedure provided for in § 11 of the Vocational Educational Institutions Act will be carried out.
[RT I, 02.07.2013, 1 - entry into force 01.07.2014]

§ 9.  Revocation of education licence

  [Repealed – RT I, 02.07.2013, 1 – entry into force 01.07.2014]

§ 9¹.  Revocation of right to provide vocational instruction

  [Repealed – RT I, 02.07.2013, 1 – entry into force 01.07.2014]

§ 10.  Foundation of foreign educational institutions and branches thereof

 (1) The provision of instruction by foreign educational institutions and the foundation of foreign educational institutions and branches thereof in the Republic of Estonia are permitted on the basis of corresponding agreements between states.
[RT I 2004, 41, 276 - entry into force 05.07.2004]

 (2) Foreign educational institutions and branches thereof will be registered by the Ministry of Education and Research in accordance with the procedure prescribed by this Act.

 (3) The requirement provided for in subsection (1) of this section does not apply to the educational institutions of the Member States of the European Union and branches thereof. The provisions of this Act concerning the foundation of private schools apply to the provision of instruction by educational institutions of the Member States of the European Union and the foundation of educational institutions of the Member States of the European Union and branches thereof.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

Chapter 3 ORGANISATION OF TEACHING AND EDUCATION 

§ 11.  Curriculum

 (1) A curriculum is the source document for studies wherein the following is laid down:
 1) the objectives and period of study;
 2) the conditions for the commencement of studies;
 3) the list of subjects and their volume in credit points or days of instruction;
 4) subject syllabi;
 5) the options and conditions for selecting subjects;
 6) the requirements for the completion of stages of study (group, class, course, etc.) and for graduation from the private school.

 (1¹) Clauses 3) to 6) of subsection (1) of this section do not apply to the curriculum of an adult educational institution. In addition to the data specified in clauses 1) and 2) of subsection (1) of this section, the curriculum of an adult educational institution will contain the following information:
 1) the name of the curriculum;
 2) the language of instruction;
 3) the volume of the curriculum, including the proportion of independent work;
 4) a description of the contents of the curriculum along with the names of the instructors;
 5) the requirements for completion of studies;
 6) the knowledge and skills obtained in the event of successful completion of the curriculum and, in the event of language teaching, the conformity to the descriptions of the levels of language proficiency as laid down in the Common European Framework of Reference for Languages;
 7) a description of the rooms, furnishings and equipment required for attaining the objectives and obtaining the skills established in the curriculum and their compliance with the health protection requirements provided by legislation, if any have been established.
[RT I 2010, 41, 240 - entry into force 01.09.2010]

 (2) The curriculum of a private school will be approved by the owner of the private school and the curriculum will be entered in the Estonian Education Information System upon the issue of an education licence for the provision of pre-school, basic and secondary education.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

 (2¹) The curriculum of an institution of higher education will be approved by the owner of the private school and the curriculum will be entered in the Estonian Education Information System on the basis of subsection 36⁶ (4) of the Republic of Estonia Education Act after the right specified in subsection 5¹ (1) of this Act has been granted. In addition, the provisions of §§ 22¹‑22² and 22⁴ of the Universities Act apply to the opening of a joint curriculum.
[RT I, 12.12.2011, 1 - entry into force 01.01.2011]

 (2²) The vocational education curriculum will be approved by the owner of the private school and the curriculum will be registered after obtaining the right to provide vocational instruction in the Estonian Education Information System. If the vocational education curriculum is opened in a study programme group where the private school has the right to provide vocational instruction, it will be registered in the Estonian Education Information System. The compliance of the curriculum with the requirements established for the relevant curriculum in legislation will be verified in the course of registration. If a curriculum does not comply with the requirements, the Minister of Education and Research or a person authorised by the Minister of Education and Research will make a decision not to register the curriculum. The decision will be delivered to the school or owner of the school that submitted the curriculum for registration either by mail or electronically, as requested by the school or owner of the school.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

 (3) Amendments to the curriculum of a private school will be made by the school board and approved by the owner of the private school. The amendments will be submitted to the Ministry of Education and Research for registration within ten working days as of their approval. Amendments to the curriculum of an institution of higher education will not be submitted to the Ministry of Education and Research for registration.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

 (4) The curriculum of a private school must comply:
 1) in the event of a pre-school child care institution, with the national curriculum for pre‑school child care institutions;
[RT I 2008, 18, 124 - entry into force 01.09.2008]
 2) in the event of a nursery school and a basic school operating as one institution, with the national curriculum for pre-school child care institutions on the part of the nursery school and with the competencies acquired in stages of study and the learning outcomes of subjects established in the national curriculum on the basis of the Basic Schools and Upper Secondary Schools Act on the part of the basic school;
[RT I 2010, 41, 240 - entry into force 01.09.2010]
 3) in the event of a basic school and an upper secondary school, with the competencies of the level of education and the learning outcomes of subjects established in the national curriculum based on the Basic Schools and Upper Secondary Schools Act;
[RT I 2010, 41, 240 - entry into force 01.09.2010]
 4) in the event of a vocational educational institution, with the vocational education standard and the national curriculum for the vocation or profession or, in the event of a joint curriculum, also with the requirements of § 33 of the Vocational Educational Institutions Act;
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]
 5) in the event of an institution of higher education and a university, with the Standard of Higher Education; in event of a joint curriculum also with the requirements of § 22¹ of the Universities Act;
[RT I 2008, 34, 208 - entry into force 01.09.2008]
 6) in the event of a hobby school, with the Standard for Hobby Education and the framework curriculum, where such curriculum has been established;
[RT I 2007, 4, 19 - entry into force 01.09.2007]
 7) [Repealed – RT I 2010, 41, 240 – entry into force 01.09.2010]

 (5) Confessional religious education may be provided in a private school on the conditions and in accordance with the procedure established by the school board. Attending confessional religious studies is voluntary.
[RT I 2010, 41, 240 - entry into force 01.09.2010]

§ 12.  Requirements for admission to and exclusion from private school

 (1) Admission to a basic school, upper secondary school, vocational educational institution, institution of higher education or university will be subject to the admission requirements established by law for state and municipal educational institutions or universities in public law of the same type. The board of a private school has the right to establish additional requirements.

 (2) The requirements for exclusion from a private school will be established by the school board.
[RT I 2010, 41, 240 - entry into force 01.09.2010]

§ 13.  General requirements for organisation of studies and education

 (1) The organisation of studies will be based on the curriculum and the rules established by the board of a private school.

 (1¹) Upon the provision of instruction in higher education, the general requirements for organisation of studies will be based on the provisions of the Institutions of Professional Higher Education Act and the Universities Act concerning the general requirements for organisation of studies and the rules established by the board of the private school.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

 (1²) In a basic school and in an upper secondary school studies and education will be organised in accordance with the Basic Schools and Upper Secondary Schools Act. The obligation to grant free use of educational literature established in subsection 20 (1) of the Basic Schools and Upper Secondary Schools Act will be performed to the extent of the support allocated for it in the state budget.
[RT I 2010, 41, 240 - entry into force 01.09.2010]

 (2) The employees and students of a private school and the parents of the students have the right to access the rules for the organisation of studies and education and the curriculum.

 (3) Students will have at least eight weeks of holiday per academic year, of which two weeks will be during the academic year. This provision does not apply to hobby schools, pre‑school child care institutions and adult educational institutions.
[RT I 2007, 4, 19 - entry into force 01.09.2007]

 (4) A private school will ensure that the health of students is protected during their stay at school and will prepare a daily schedule which conforms to health protection rules and standards.

§ 14.  Institutional accreditation, assessment of quality of study programme group and state‑commissioned education
[RT I 2008, 34, 208 - entry into force 01.09.2008]

 (1) Institutional accreditation of a university or institution of higher education means external evaluation in the course of which the compliance of the management, work organisation, teaching and research activities, and study and research environment with the objectives and development plan of the educational institution are evaluated.
[RT I, 08.11.2010, 4 - entry into force 18.11.2010]

 (2) The owner of a private school will ensure that the Higher Education Quality Agency specified in § 10 of the Universities Act or a competent quality agency of a foreign state acting in concert with the Higher Education Quality Agency carries out institutional accreditation at least once in seven years or, in the event specified in clause 2) of subsection (3) of this section, during the term specified by the Higher Education Quality Agency.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

 (3) As a result of institutional accreditation, the Higher Education Quality Agency:
 1) makes an assessment that the management, work organisation, teaching and research activities, and study and research environment of a private school meet the requirements and makes a decision to accredit the private school for seven years;
 2) makes an assessment that there are deficiencies in the management, work organisation, teaching and research activities, and study and research environment of a private school, gives instructions for eliminating them, and makes a decision to accredit the private school for three years;
 3) makes an assessment that the management, work organisation, teaching and research activities, and study and research environment of a private school do not comply with the requirements and makes a decision not to accredit the private school.
[RT I, 08.11.2010, 4 - entry into force 18.11.2010]

 (4) In the event specified in clause 3) of subsection (3) of this section, the Minister of Education and Research will:
 1) give the private school a term of up to two years to eliminate the deficiencies detected in the institutional accreditation and for participating in a new institutional accreditation, or
 2) make a proposal to the Government of the Republic to revoke the right granted to the private school to provide instruction in study programme groups and issue the respective academic degrees and diplomas.
[RT I, 08.11.2010, 4 - entry into force 18.11.2010]

 (5) Costs relating to institutional accreditation will be covered from the state budget or, at the request of the owner of a private school, from the budget of the owner of the private school. If the institutional accreditation is requested from the quality agency of a foreign state, the costs relating to accreditation will be covered to the extent and in the amount actually incurred by the state budget, provided that these do not exceed the costs that would have to be covered in the event of nationally organised institutional accreditation.
[RT I, 08.11.2010, 4 - entry into force 18.11.2010]

 (5¹) In the event specified in clause 2) of subsection (4) of this section, the Minister of Education and Research will, if possible, initiate the granting of the right to provide instruction in study programme groups and to issue the respective academic degrees or diplomas to another educational institution along with the obligation to ensure the quality and resources for provision of instruction in the study programme group and give as many students of the study programme group as possible the chance to continue their studies. Subsections 5¹ (3) to (5) of this Act do not apply to the procedure for granting the right to provide instruction in the study programme group under such circumstances and the costs of the expert assessment will be covered from the state budget.
[RT I, 08.11.2010, 4 - entry into force 01.01.2011]

 (6) Assessment of the quality of a study programme group means external assessment in the course of which the compliance of curricula and the compliance of the instruction and study-related development activities based on the curricula with legislation, national and international standards and developments are assessed with the aim of making recommendations for improvement of the quality of teaching and learning.
[RT I, 08.11.2010, 4 - entry into force 18.11.2010]

 (7) The owner of a private school will ensure that the Higher Education Quality Agency specified in § 10 of the Universities Act or a competent quality agency of a foreign state acting in concert with the Higher Education Quality Agency carries out the assessment of the quality of a study programme group at least once in seven years or within a shorter term by a decision of the Higher Education Quality Agency.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

 (8) Costs relating to assessment of the quality of a study programme group will be covered from the state budget. If the owner of a private school applies to the quality agency of a foreign state for carrying out the assessment of the quality of a study programme group, the costs relating to accreditation will be covered to the extent and in the amount actually incurred by the state budget, provided that these do not exceed the costs that would have to be covered in the event of nationally organised institutional accreditation.
[RT I, 08.11.2010, 4 - entry into force 18.11.2010]

 (9) A vocational educational institution, an institution of higher education or a university may apply for state-commissioned education.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

§ 15.  Language of instruction and language of administration

 (1) The language of instruction will be specified in the statutes of a private school, in the event of a joint curriculum, in the cooperation contract concerning the joint curriculum.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

 (1¹) Upon deciding the language of instruction of an upper secondary school, the requirements established by the Basic Schools and Upper Secondary Schools Act will be followed if the owner, shareholder, founder or member of the upper secondary school is the state or a local authority. In the upper secondary school or in certain classes thereof, teaching may take place in a language other than Estonian or bilingually, provided that the Government of the Republic authorises it on the proposal of the board of the private school based on the development plan of the school and at the request of the owner of the school.
[RT I, 26.04.2013, 3 - entry into force 06.05.2013]

 (2) In basic schools and upper secondary schools where the language of instruction is not Estonian, Estonian language instruction will be compulsory to the extent determined by the national curriculum so that the graduates will be able to continue their studies in Estonian at the next level of education.

 (3) In a vocational educational institution where the language of instruction is not Estonian, Estonian language instruction will be compulsory to the extent determined by the curriculum of the school, which ensures that students will be sufficiently proficient in Estonian for working in their acquired profession.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

 (4) The language of administration of a private school must be Estonian. In a private school where the language of instruction is not Estonian, the language of instruction of the private school or another foreign language may be used alongside Estonian as a language of internal administration.
[RT I 2004, 75, 524 - entry into force 19.11.2004]

§ 16.  Students

 (1) The number of students in a class or group in a private school will be determined by the board of the private school, taking into consideration the restrictions established for educational institutions by legislation.

 (2) Students of private schools are entitled to concessions and benefits granted by the state and local authorities on the same grounds as students of state or municipal schools or universities in public law of the same type.

§ 17.  Contract between student and private school

 (1) In accordance with a contract between a student or their legal representative and the owner of a private school (hereinafter contract), the owner of the private school undertakes to provide the student with education which conforms to the curriculum and the student undertakes to follow the legal instruments of the owner of the private school and to pay the tuition.

 (2) A contract will be concluded not later than ten days prior to the due date for the payment of the first tuition, but not later than within ten days before the studies are to commence.

 (3) The owner of a private school will conclude a contract with a student or their legal representative for the duration of the period determined by the curriculum.

 (4) The following must be specified in the contract:
 1) the date of commencement of the studies;
 2) the volume or duration of the studies;
 3) the location and address where the studies are to be undertaken;
 4) the size of the tuition (the sum of money) and the calculation method used;
 5) the procedure and term for payment of the tuition;
 6) the grounds and procedure for the refund of the tuition;
 7) the grounds and procedure for amendment and termination of the contract;
 8) the procedure for resolution of disputes;
 9) the obligations of the private school in ensuring that the student will be able to continue their studies if the right of the private school to provide higher education is revoked;
[RT I 2008, 34, 208 - entry into force 01.09.2008]
 10) in the event of a university, institution of higher education or vocational educational institution, the number of hours of auditory instruction;
 11) in the event of a joint curriculum, the specifications of provision of instruction arising from the cooperation contract and the guarantees applicable to students.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

 (5) A curriculum, except subject syllabi, in compliance with the requirements provided for in subsection 11 (1) of this Act will be formalised as a compulsory annex to the contract.
[RT I 2004, 41, 276 - entry into force 05.07.2004]

§ 18.  Graduation documents of private school

 (1) In order to graduate from a private school, a student must fulfil the requirements established in the curriculum.

 (2) A state graduation document certifying education will be issued under the conditions and in accordance with the procedure established by legislation for graduation from a state or municipal school or university in public law of the same type. The board of a private school may establish additional requirements.

 (3) An educational institution providing instruction at the higher education level has the right to issue only graduation documents which are recognised by the state. An educational institution will issue graduation documents certifying higher education in the format of a diploma and academic report and under the conditions and in accordance with the procedure established by the statute approved by a regulation of the Government of the Republic. The state documents certifying education (diplomas) awarded upon completion of the studies in higher education will be entered in the Estonian Education Information System established on the basis of subsection 36⁶ (4) of the Republic of Estonia Education Act.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

 (3¹) [Repealed – RT I 2008, 34, 208 – entry into force 01.09.2008]

 (3²) A person who has completed a joint curriculum to the full extent will be awarded a joint diploma as a document certifying state education if the conditions provided for in subsection (3) of this section are met.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

 (3³) If part of a joint curriculum is conducted in an educational institution of a foreign state, a person who has completed a joint curriculum to the full extent will be awarded:
 1) a state document certifying education (diploma) by the Estonian educational institutions participating in the joint curriculum – a diploma in compliance with subsection (3) of this section if one Estonian educational institution participates in the joint curriculum, or a joint diploma in compliance with subsection (3²) of this section if at least two Estonian educational institutions participate in the joint curriculum;
 2) another document certifying education by all the educational institutions participating in the joint curriculum – a joint diploma on the conditions and in accordance with the procedure prescribed by the cooperation contract concerning the joint curriculum.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

 (4) A private school has the right to issue also other documents certifying education, except in the event specified in subsection (3) of this section.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

§ 18¹.  Documenting organisation of studies and preserving documents
[RT I 2004, 41, 276 - entry into force 05.07.2004]

 (1) The organisation of teaching and education at a private school will be documented and the documents will be preserved in accordance with the procedure established by legislation for the documentation of the activities and preservation of documents of state schools, municipal schools or universities in public law of the same type.
[RT I 2004, 41, 276 - entry into force 05.07.2004]

 (2) Documents relating to the organisation of studies of a private school are public records to which the requirements provided for in the Archives Act and requirements established on the basis of the Archives Act apply.
[RT I, 21.03.2011, 1 - entry into force 01.01.2012]

Chapter 4 MANAGEMENT 

§ 19.  Management bodies

 (1) The management bodies of a private school are the school board and the head of the school or, in the event of an institution of higher education and a university, the council and the rector (hereinafter head).
[RT I 2008, 34, 208 - entry into force 01.09.2008]

 (2) A person who has the education and experience required for directing a private school and an impeccable reputation may be elected or appointed the head of a private school. The qualification requirements established by law for candidates of heads of state and municipal schools and rectors of public universities apply to the head of a private school. The board of a private school has the right to establish additional requirements.
[RT I, 11.07.2013, 1 - entry into force 01.09.2013]

 (3) The following persons will not be elected or appointed head of a private school or a member of a directing body of the owner of a private school:
 1) a person whose earlier activities have caused the bankruptcy or compulsory liquidation of a legal person;
 2) a person with respect to whom a court has, in accordance with § 49 of the Penal Code, imposed a prohibition on acting as a member of the management board of a legal person;
 3) a person whose earlier activities as the head of a legal person or a private school have shown that the person is not suited to manage the legal person or the private school in such a manner that the interests of the shareholders, members, creditors and clients are sufficiently protected.

 (4) If a private school organises instruction for children, a person who has been punished or who has been subjected to coercive treatment for a criminal offence provided for in clauses 133 (2) 2), 141 (2) 1), 142 (2) 1), 143 (2) 1), 143¹ (2) 1), §§ 144–146 or §§ 175–178 of the Penal Code and information concerning the punishment has not been expunged from the penal register in accordance with the Penal Register Act or information concerning the punishment has been expunged from the penal register and transferred to the archives of the penal register will not be elected or appointed head of the private school.
[RT I 2007, 45, 320 - entry into force 20.07.2007]

§ 20.  Head of school

 (1) A private school must be managed by the head of the school who must adhere to the lawful orders of the owner of the private school and the board of the private school.

 (2) The head is responsible for the general state and development of the private school and for the intended and practical use of financial resources.

 (3) Once every six months, the head will submit to the school board an overview of the provision of instruction at the private school, the financial status of the private school and the use of revenue accrued in the form of tuition and will immediately give notice of any material deterioration in the financial status of the private school and of any precepts issued by the supervisory agency.
[RT I 2002, 53, 336 - entry into force 01.07.2002]

§ 21.  School board

 (1) The school board is the collegial decision-making body of a private school, and the procedure for the appointment and removal of the members of the board and the duration of their term of office will be laid down in the statutes of the private school.

 (2) The members of the board include:
 1) the head of the school;
 2) representatives of the teachers, who make up at least one-fifth of the membership of the board;
[RT I, 11.07.2013, 1 - entry into force 01.09.2013]
 3) in the event of a pre-school child care institution or a nursery school and a basic school operating as a single institution or a basic school, representatives of the parents, who make up at least one-fifth of the membership of the board;
[RT I 2010, 41, 240 - entry into force 01.09.2010]
 4) in the event of an upper secondary school or a vocational educational institution or an institution of higher education or a university, representatives of the students, who make up at least one-fifth of the membership of the board;
[RT I 2007, 4, 19 - entry into force 01.09.2007]
 5) representatives of the owner of the private school;
 6) other persons prescribed by the statutes of the private school.

 (3) The board of a private school will:
 1) submit proposals for amendment of the statutes of the private school to the owner of the school for approval;
 1¹) approve a joint curriculum before the approval thereof by the owner of the private school and approve entry into a cooperation contract concerning the joint curriculum;
[RT I 2008, 34, 208 - entry into force 01.09.2008]
 2) hear the annual overview of the fulfilment of the development plan by the head of the private school;
 3) hear the overview concerning the budget of the private school and the annual report and interim report of the owner of the private school by the head of the school;
 4) adopt a position in other questions which in accordance with this Act and the statutes of the private school fall within its competence.

 (4) The provisions concerning the board of a private school do not apply to adult educational institutions and hobby schools.
[RT I 2007, 4, 19 - entry into force 01.09.2007]

§ 21¹.  Board of governors

 (1) A board of governors of a university is an advisory body which serves as a link between the university and society.

 (2) The owner of a private school will determine the number of members of a board of governors and their term of office, appoint the members of the board of governors and approve the rules of procedure of the board of governors, after having heard the opinion of the council.

 (3) The board of governors will make proposals to the owner of the private school on issues relating to the development of the university.

 (4) The board of governors will present its assessment of the university to the owner of the private school at least once a year.

 (5) An authorised representative of the board of governors will participate in the sessions of the council of the university with the right to speak.

 (6) By the decision of the owner of a private school, the board of governors of the institution of higher education may be formed in accordance with the procedure provided for in this section.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

§ 21².  Board of advisors

 (1) The board of advisors of a vocational educational institution is an advisory body binding the vocational educational institution and society, whose function is to advise the school upon planning development and organising teaching and economic activities.

 (2) The board of advisors will have at least seven members and the term of office of the members will be set, the members will be appointed and the rules of procedure will be approved by the owner of the private school, having heard the opinion of the school board.

 (3) Over a half of the members of the board of advisors must be representatives of business and professional organisations and registered associations of employers related to the vocations and professions of the study programme groups of the vocational educational institution.

 (4) The board of advisors will:
 1) make proposals to the owner and board of the private school regarding the development directions, activities, assets, budget, management and amendment of the statutes of the school;
 2) assess cooperation between the school and undertakings in organising the school’s development efforts and practical training.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

Chapter 5 FINANCING AND STATE SUPERVISION 

§ 22.  Financing

 (1) The owner of a private school will have a separate budget for the private school and it will be kept apart from the accounts of other agencies and undertakings of the owner.

 (1¹) The salaries of teachers employed in a pre-school child care institution on the basis of the national curriculum for pre-school child care institutions and the costs of acquiring teaching aids may be covered from the relevant rural municipality or city budget on the grounds provided for in the Pre-school Child Care Institutions Act.
[RT I, 11.07.2013, 1 - entry into force 01.09.2013]

 (2) Costs of basic schools and upper secondary schools will be partially covered on the grounds provided for in subsections 82 (3) to (5) and (7) of the Basic Schools and Upper Secondary Schools Act regarding municipal schools.
[RT I 2010, 41, 240 - entry into force 01.09.2010]

 (2¹) The study costs of a private school will be financed in accordance with a public law contract entered into between the private school and the Ministry of Education and Research within the limits of student places created on the basis of state-commissioned education on the grounds provided for in subsection 45 (4) of the Vocational Educational Institutions Act. Other costs of the private school will be covered in accordance with the procedure established by a regulation of the Government of the Republic on the basis of subsection 47 (4) of the Vocational Educational Institutions Act.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

 (2²) [Repealed – RT I 2005, 65, 489 – entry into force 01.01.2006]

 (2³) The costs of hobby schools will be partially covered on the grounds provided for in subsection 21 (4) of the Hobby Schools Act.
[RT I 2007, 4, 19 - entry into force 01.09.2007]

 (3) The costs of student places in institutions of higher education and universities will be covered from the state budget to the extent of state-commissioned education on the basis and in accordance with the procedure established by legislation for state institutions of professional higher education and universities in public law.

 (4) Private schools may receive earmarked support for specific purposes from the state budget or a local authority budget.

 (5) Funds received from state-commissioned education may only be used at a private school for the provision of instruction, for investment and for covering infrastructure expenses.

 (6) The size of the tuition will be determined by the owner of the private school and that amount will not be changed during an academic year. The size of the tuition may be increased by up to 10 percent between two academic years, unless otherwise provided by the contract entered into between the owner of the private school and the student.

 (7) [Repealed – RT I 2006, 32, 246 - entry into force 01.09.2006]

 (8) If a private school awards a person the title of professor emeritus or docent emeritus in accordance with the procedure provided for in the Universities Act or the Institutions of Applied Higher Education Act, the professor emeritus or docent emeritus remuneration of that person will be covered from the budget of the owner of the private school on the conditions and in accordance with the procedure established by the owner of the private school.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

§ 22¹.  Audit

  An auditor of a private school is required to immediately inform the Ministry of Education and Research in writing of circumstances which have become known to the auditor in the course of the auditor’s professional activities and which result or may result in:
 1) interruption of the operations of the private school due to the economic situation of the school;
[RT I 2004, 41, 276 - entry into force 05.07.2004]
 2) an adverse or qualified report by a certified auditor concerning the annual accounts of the owner of the private school;
[RT I 2010, 9, 41 - entry into force 08.03.2010]
 3) a situation, or the risk of a situation arising from the economic situation where the private school is unable to perform its obligations;
[RT I 2004, 41, 276 - entry into force 05.07.2004]
 4) an act by the head or employee of the private school causing significant proprietary damage to the owner of the private school, the private school or a student of the private school.
[RT I 2004, 41, 276 - entry into force 05.07.2004]

§ 22².  Participating in covering operating expenses of private general education school

 (1) A rural municipality or city will participate in covering the operating expenses of a private general education school in proportion to the number of students studying in the school whose place of residence, according to the population register, is located in the administrative territory of the rural municipality or city.

 (2) Upon covering the operating expenses of a municipal school, this Act will be followed, unless the rural municipalities or cities have agreed otherwise between themselves.

 (3) Upon covering operating expenses, the conditions of and procedure for participation in covering municipal school operating expenses provided in § 83 of the Basic Schools and Upper Secondary Schools Act.
[RT I 2010, 41, 240 - entry into force 01.09.2011]

§ 23.  State supervision
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

 (1) State supervision over teaching and education provided in a private school is exercised in accordance with the procedure provided by legislation that regulates the activities of corresponding state or municipal educational institutions or public universities.

 (2) Internal evaluation of a pre-school childcare institution, basic school, upper secondary school and vocational educational institution takes place in accordance with the legislation regulating the activities of the respective state or municipal educational institutions.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 23¹.  Special measures of state supervision

  A law enforcement authority may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 31 and 32 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

Chapter 6 CLOSURE 

§ 24.  Closure

 (1) The owner is required to initiate the closure of a private school in accordance with the procedure prescribed by legislation if:
 1) the private school does not hold an activity licence, does not have the right to provide vocational education or does not have the right to provide higher education or award the corresponding academic degrees or diplomas for six months;
[RT I, 02.07.2013, 1 - entry into force 01.07.2014]
 2) a liquidation procedure has been initiated against the owner;
 3) the owner or the board of the private school has decided that it would be impractical for the private school to continue its operations;
 4) the closure is prescribed by law.

 (2) Students, parents, employees and the Ministry of Education and Research will be informed of the closure of a priate school at least four months in advance.

 (3) Upon closure of a private school, the owner of the private school will ensure that the students have the opportunity to continue their studies in an educational institution providing instruction of the corresponding level.
[RT I 2004, 41, 276 - entry into force 05.07.2004]

Chapter 7 IMPLEMENTATION OF ACT 

§ 25.  Transition

 (1) The statutes of private schools will be brought into conformity with this Act by 1 September 1999.

 (2) [Repealed – RT I 2003, 20, 116 – entry into force 10.03.2003]

 (3) Universities to which education licences have been issued prior to 30 June 2003 for the provision of instruction in more than one speciality at the level of at least Bachelor’s studies will bring their education activities into conformity with subsection 4 (1) of the Universities Act by 1 September 2005. If, after the expiry of the specified term, instruction in Bachelor's studies, Master's studies and Doctoral studies is not provided in a private school in several fields of study, the Minister of Education and Research will revoke the education licences of the private school and the owner of the private school will be required to initiate the closure of the private school.
[RT I 2003, 20, 116 - entry into force 10.03.2003]

 (4) Institutions of higher education to which education licences have been issued prior to 30 June 2003 will bring their education activities into conformity with subsection 2 (1) of the Institutions of Professional Higher Education Act by 1 September 2005. If, after the expiry of the specified term, less than two-thirds of the students are following professional higher education curricula, the Minister of Education and Research will revoke the education licences of the private school and the owner of the private school will be required to initiate the closure of the private school.
[RT I 2003, 20, 116 - entry into force 10.03.2003]

 (5) Universities and institutions of higher education will bring their statutes into conformity with the requirements of law by 1 September 2003 and they will do so with regard to the conditions of and procedure for assessing the qualifications of teachers and for taking account of the previous study results and professional experience of students specified in clause 6 (1) 15) of this Act not later than by 1 September 2004.
[RT I 2003, 20, 116 - entry into force 10.03.2003]

 (6) The curricula of operating child care institutions will be brought into conformity with the provisions of § 16 of the Pre-school Child Care Institutions Act by 1 March 2009.
[RT I 2008, 18, 124 - entry into force 01.09.2008]

 (7) If a shareholder, founder or member of a legal person in private law is the state or a local authority, the language of instruction specified in the statutes of the upper secondary school owned by the state or the local authority before 1 September 2013 will be brought into compliance with subsection 15 (1¹) of this Act by 1 September 2016.
[RT I, 26.04.2013, 3 - entry into force 06.05.2013]

§ 25¹.  Application of capital requirements and requirements concerning form of legal person to owner of private school

 (1) As of 1 January 2007, subsection 2 (1) and § 21 of this Act apply to owners of private schools which have already been granted an education licence or concerning which a positive accreditation decision has been made, unless the owner of a private school applies for the grant of a new education licence.

 (2) Until 1 January 2007, the minimum amount of the share capital of the owner of a private vocational educational institution or the equity capital of a foundation or non-profit association applying for an education licence will be 500 000 kroons.

 (3) The requirements of § 2¹ of this Act do not apply to the owner of a private school if at least two thirds of the students of the private school acquire education according to the curricula of religious studies and theology.
[RT I 2004, 41, 276 - entry into force 05.07.2004]

§ 25².  Implementation of Act

  The restrictions upon employment of a person established in subsection 19 (4) of this Act will apply after entry into force of the provision concerning persons commencing employment relating to children.
[RT I 2007, 45, 320 - entry into force 20.07.2007]

§ 26. – § 32. [Omitted from this text]

§ 33.  Transition to evaluation of study programme groups in higher education as of 1 January 2009

 (1) Until 31 December 2011, the study programme groups of institutions of higher education and universities will be evaluated by the Higher Education Quality Agency specified in § 10 of the Universities Act.
[RT I 2009, 48, 324 - entry into force 23.10.2009]

 (2) As of 1 January 2012, a private school may provide higher education only if the Government of the Republic has granted, on the basis of an application of the owner of the private school, the private school the right to provide higher education in the corresponding study programme group and to award the corresponding academic degrees and diplomas.

 (3) In order to be granted the right to provide instruction in a study programme group and to award the corresponding academic degrees and diplomas, the owner of a private school or, in the event of a joint curriculum, the educational institution agreed upon in the cooperation contract concerning the joint curriculum, will submit an application to the Ministry of Education and Research and append thereto information on the valid positive accreditation decisions concerning the curricula belonging to the study programme group and the valid positive institutional accreditation decision and:
 1) information concerning curricula according to which it is desired to provide instruction, including the objectives and learning outcome of the curricula;
 2) information concerning the full-time teaching staff who provide instruction in the study programme group and their qualifications;
 3) information concerning the material resources which are necessary for education and research and the sources of financing of the studies;
 4) the development plan of the private school;
 5) information concerning research and development;
 6) by the decision of the applicant other information arising from the Estonian Education Information System and the Estonian Research Information System indicating the quality, resources or sustainability required for the provision of instruction;
 7) in the eve t of a joint curriculum, information on the compliance of the joint curriculum with § 22¹ of the Universities Act and information on the compliance of the cooperation contract concerning the joint curriculum with § 22² of the Universities Act.

 (4) By involving experts the Higher Education Quality Agency will evaluate, on the basis of a correctly completed application, the Standard of Higher Education and other legislation, whether the applicant has the quality, resources and sustainability required for the provision of instruction, in the event of a joint curriculum whether the joint curriculum and the cooperation contract concerning the joint curriculum comply with the requirements provided for in §§ 22¹ and 22² of the Universities Act and as a result of the evaluation will make a proposal to the Minister of Education and Research:
 1) to grant a private school the right to provide instruction in a study programme group and to award the corresponding academic degree or diploma upon completion of the curriculum and to submit the proposal to the Government of the Republic for approval in an Appendix to the Standard of Higher Education (to accredit the study programme group positively);
 2) to grant a private school the right to provide instruction in a study programme group for one up to three years and to award the corresponding academic degree or diploma upon completion of a curriculum and to submit the proposal to the Government of the Republic for approval in the Standard of Higher Education (to accredit the study programme group positively for a specified term);
 3) not to grant a private school the right to provide instruction in a study programme group and to award the corresponding academic degrees or diplomas if, based on the information specified in subsection (3) of this section, it is obvious that it is not possible to provide high-quality higher education (to accredit the study programme group negatively).

 (5) If the Higher Education Quality Agency makes a proposal specified in clause 2) of subsection (4) of this section, the Higher Education Quality Agency will set a term upon the expiry of which the study programme group will be re-evaluated in accordance with the procedure provided for in subsections (3) and (4) of this section.

 (6) The study programme groups, in which a private school has the right to provide instruction, and the academic degrees and the diplomas awarded upon completion of the studies will be designated by the Government of the Republic on the proposal of the Minister of Education and Research once a year in an Appendix to the Standard of Higher Education and up to twice a year in 2020 and 2011.
[RT I, 08.11.2010, 4 - entry into force 18.11.2010]

 (7) If the Higher Education Quality Agency makes a proposal specified in clause 3) of subsection (4) of this section to the Minister of Education and Research, the Minister of Education and Research will not submit it to the Government of the Republic and will approve the proposal by a directive.
[RT I, 08.11.2010, 4 - entry into force 18.11.2010]

 (8) A person has the right to receive a national graduation document if a graduation document certifying the completion of the curriculum of the corresponding study programme group in higher education has been issued to the person in the relevant educational institution not earlier than two years before the private school is granted the right to provide instruction in the study programme group and to award the corresponding academic degrees and diplomas in accordance with subsection (7) of this section.

 (9) Institutional accreditation and assessment of the quality of study programme groups will be applied for and carried out in private schools as of 1 January 2010 and in the case a private school has been granted the right to provide instruction and to award the corresponding academic degrees and diplomas at least in one study programme group.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

§ 34.  Applications for accreditation of curricula of institutions of higher education submitted before 1 September 2008

 (1) The applications for accreditation submitted before 1 September 2008 will be processed under the conditions and in accordance with the procedure in force at the time of submission, including in compliance with the requirements for curricula and universities and in accordance with the accreditation procedure upon accreditation established by a regulation of the Government of the Republic until 31 December 2009.

 (2) As of 1 January 2009, the functions upon processing of applications specified in subsection (1) of this section assigned to the Higher Education Quality Assessment Council by legislation will be performed by the Higher Education Quality Agency specified in § 10 of the Universities Act.

 (3) As a result of accreditation on the basis applications for accreditation specified in subsection (1) of this section, the Higher Education Quality Agency will make a proposal to the Minister of Education and Research:
 1) to accredit a curriculum or an educational institution positively until the Government of the Republic grants the right to provide instruction in the study programme group, whereto the curriculum to be accredited belongs, and to award the corresponding academic degree or diploma upon completion of the curriculum;
 2) to accredit the curriculum negatively and; within the term specified which will be not longer than three years, to terminate the admission of students to the relevant study programme group in the educational institution and studies according the relevant curriculum;
 3) to accredit the educational institution negatively and to require the owner of the private school to initiate termination of the activities of the private school.

 (4) In the cases specified in clauses 2) and 3) of subsection (3) of this section, the institution of higher education or the university will, in co-operation with the Ministry of Education and Research, ensure that the students have the opportunity to continue their studies at another educational institution in the same or a similar field of study.

 (5) Proposals made by the Higher Education Quality Agency as a result of accreditation will be approved by a directive of the Minister of Education and Research. The Minister of Education and Research has the right to reject the proposal of the Higher Education Quality Agency by a reasoned directive and to submit the proposal to be reviewed for the second time.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

§ 35.  State recognition of graduation documents issued to graduates who have completed curricula of institutions of higher education accredited in accordance with procedure in force before 1 September 2008

 (1) National graduation documents will be issued to graduates who have completed curricula accredited in accordance with the procedure in force before 1 September 2008 if the curriculum has been accredited positively.

 (2) A person has the right to receive a state graduation document if a document attesting education has been issued to the person not earlier than two years before the curriculum was accredited positively in accordance with the procedure in force before 1 September 2008.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

§ 36.  Applications for education licences submitted and education licences for curricula of institutions of higher education issued before 1 September 2008

 (1) Applications for education licences for the provision of higher education submitted before 1 September 2008 will be processed under the conditions and in accordance with the procedure in force at the time of submission.

 (2) The education licences issued on the basis of the applications specified in subsection (1) of this section and the education licences issued before 1 September 2008, the validity of which has not expired, will be valid until:
 1) positive accreditation of the curriculum under the conditions provided for in § 34 of this Act in the case an application for accreditation of the curriculum was submitted before 1 September 2008;
 2) negative accreditation of the curriculum under the conditions provided for in § 34 of this Act;
 3) the Government of the Republic grants the right to provide instruction in the study programme group whereto the curriculum belongs and to award the corresponding academic degree or diploma;
 4) 31 December 2010 in the event the curriculum has not been accredited and the Government of the Republic has not granted the right to provide instruction in the study programme group whereto the curriculum belongs and to award the corresponding academic degree or diploma upon the completion of the curriculum;
 5) the Minister of Education and Research revokes the education licence in accordance with the procedure provided for in subsections 9 (1) and (2) of this Act.

 (3) A private school has the right to issue a document attesting education not recognised by the state to a person who has completed studies carried out on the basis of a valid education licence.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

§ 37.  Application for opening of joint curriculum until 31 December 2008

 (1) The applications for opening of a joint curriculum submitted until 31 December 2008 will be processed under the conditions and in accordance with the procedure in force at the time of submission with the specifications arising from this section.

 (2) Until 31 December 2008, the educational institution agreed upon in the cooperation contract concerning a joint curriculum will submit the following after approval of the joint curriculum and approval of entry into a cooperation contract concerning the joint curriculum by the school board:
 1) an application to the Ministry of Education and Research for the registration of the joint curriculum by appending the documents certifying compliance with the requirements provided for in § 22¹ of the Universities Act, the cooperation contract concerning the joint curriculum complying with § 22² of the Universities Act and other information required for provision of instruction in accordance with this Act;
 2) an application to the Higher Education Quality Assessment Council to extend to the joint curriculum the accreditation decision concerning the curricula which are the basis for the joint curriculum.

 (3) The Minister of Education and Research will register a joint curriculum by a directive and the joint curriculum will be entered in the Estonian Education Information System established on the basis of subsection 36⁶ (4) of the Republic of Estonia Education Act if:
 1) the result of the assessment specified in subsection (5) of this section is positive;
 2) the Higher Education Quality Assessment Council or, from 1 January 2009, the Higher Education Quality Agency decides to extend the accreditation decision concerning the curricula which are the basis for the joint curriculum to the joint curriculum on the basis of subsection (6) of this section.

 (4) Clause 2) of subsection (1) and clause 2) of subsection (2) of this section do not apply upon the registration of a joint curriculum of Doctoral studies, except in the case the joint curriculum of the Doctoral studies complies with the requirements established in clause § 22¹ 2) of the Universities Act.

 (5) In order to assess the compliance of a joint curriculum and a cooperation contract concerning a joint curriculum with the requirements provided for in §§ 22¹ and 22² of the Universities Act, the Minister of Education and Research will order an assessment of the joint curriculum and the cooperation contract concerning the joint curriculum by a directive and will form an ad hoc expert committee which will conduct the assessment. Before the conduct of an assessment, the educational institution agreed upon in the cooperation contract concerning the joint curriculum will, within one month as of the issuing of the directive specified in this subsection, pay a deposit in an amount prescribed in the directive which will not be greater than 10 000 kroons and which will be returned if the results of the assessment turn out to be positive. If the results of the assessment turn out to negative, the costs related to the conduct of assessment will be borne by the educational institution agreed upon in the cooperation contract concerning the joint curriculum.

 (6) Upon registration of a joint curriculum, the Higher Education Quality Assessment Council or from 1 January 2009 the Higher Education Quality Agency will make a decision concerning the extension of accreditation decisions concerning the curricula which are the basis for a joint curriculum to the joint curriculum on the basis of an application specified in clause 2) of subsection (2) of this section proceeding from the compliance of the of the curricula which are the basis for the joint curriculum to legislation and standards and the terms of validity of the accreditation decisions. A decision concerning the extension of the accreditation decisions concerning the curricula which are the basis for the joint curriculum will be valid at least during the nominal period of studies according to the joint curriculum, but not longer than until 1 January 2012. The extension of an accreditation decision concerning a curriculum to a joint curriculum will be approved by a directive of the Minister of Education and Research on the proposal of Higher Education Quality Assessment Council or from 1 January 2009 on the proposal of the Higher Education Quality Agency.

 (7) An education licence will not be issued to the owner of a private school in the event a joint curriculum is opened under the conditions and in accordance with the procedure provided for in this section. The decision specified in subsection (6) of this section concerning the extension of accreditation decisions concerning the curricula which are the basis for a joint curriculum to the joint curriculum substitutes an education licence to the extent of the joint curriculum.

 (8) An education licence complying with subsection 36 (2) of this Act will be issued to the owner of a private school upon opening a joint curriculum of Doctoral studies unless the curriculum of Doctoral studies complies with the requirements established in clause 22¹ 2) of the Universities Act.
[RT I 2008, 34, 208 - entry into force 01.09.2008]

§ 38.  Opening joint curriculum until 31 December 2010

 (1) Until 31 December 2010, the conditions and procedure provided for in § 56¹⁴ of the Universities Act, with the specifications arising from this section, apply to the opening of a joint curriculum in a private school.

 (2) No education licence will be issued to the owner of a private school upon opening a joint curriculum. The decision specified in subsection § 56¹⁴ (4) of the Universities Act regarding the extension of the accreditation decisions of the curricula serving as the basis for the joint curriculum will replace an education licence to the extent of the joint curriculum.

 (3) Upon opening a joint curriculum for Doctoral studies, an education licence will be issued to the owner of a private school, unless the joint curriculum of Doctoral studies complies with the requirements established in clause 22¹ (2) of the Universities Act.
[RT I 2009, 48, 324 - entry into force 23.10.2009]

§ 39.  Validity of education licences issued for specific term

  Education licences issued to a pre-school child care institution, a basic school or an upper secondary school for a specific term will remain in force until the expiry of the term specified in the education licence. At the moment of entry into force of this Act with regard to the private schools that operated on the basis of an education licence issued for a specific term and wish to continue operating after the expiry of the education licence and submit an application for a new education licence, an education licence will be issued for a specific term in accordance with subsection 5 (2¹) of the Act on the same terms and conditions as upon the first issue of the education licence.
[RT I 2010, 41, 240 - entry into force 01.09.2010]

§ 40.  One-off selective accreditation of vocational education

  During 2011 one-off selective accreditation of the study programme groups will be carried out in vocational educational institutions and institutions of professional higher education where vocational instruction is provided in study programme groups of accommodation and catering or construction and civil engineering works. One-off selective accreditation and participation therein will take place in accordance with the procedure established in § 37² of the Vocational Educational Institutions Act and in accordance with the procedure established on the basis thereof.
[RT I, 08.07.2011, 3 - entry into force 18.07.2011]

§ 41.  Transition to right of provision of vocational instruction

 (1) The right to provide vocational instruction will be deemed as granted to the owner of a private school providing vocational instruction before 1 September 2013 for three years in a study programme group where the curriculum for which the owner of the school was given an educational licence belongs.

 (2) To extend the right to provide vocational education, the study programme group specified in subsection (1) of this section will be accredited on the basis of a schedule drawn up by the accreditation institution.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

§ 42.  Formation of body of advisors of vocational educational institution

  The body of advisors specified in § 21² of this Act will be formed in a vocational education institution by 1 January 2014.
[RT I, 02.07.2013, 1 - entry into force 01.09.2013]

§ 43.  Forms of operation of private school

  A basic school and an upper secondary school operating as of 1 September 2013 as a single institution or a general education school and a hobby school operating as a single institution may continue operating as a single institution.
[RT I, 11.07.2013, 1 - entry into force 01.09.2013]