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Republic of Estonia Education Act

Passed 23.03.1992
RT 1992, 12, 192
Entry into force 30.03.1992

Amended by the following legal instruments (show)

Part I GENERAL PROVISIONS  

§ 1.  Purpose of Education Act

  The purpose of the Education Act is to provide legal basis for the formation, functioning and development of the education system.

§ 1¹.  Application of Administrative Procedure Act

  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.
[RT I 2002, 61, 375 – entry into force 01.08.2002]

§ 2.  Definitions, objectives and levels of education

 (1) For the purposes of this Act, education is a system of knowledge, skills, experience, values and behavioural norms which is determined by curricula, which is recognised by society and the acquisition of which is controlled by society.

 (2) The fundamental principles of education are based on the recognition of universal and national values, freedom of the individual, religion and conscience.

 (3) The objectives of education are to:
 1) create favourable conditions for the development of the individual, the family and the Estonian nation, also for ethnic minorities, and economic, political and cultural life in Estonian society and also nature conservation, within the context of the global economy and global culture;
 2) shape individuals who respect and abide by the law;
 3) create opportunities for everyone to engage in lifelong learning.

 (4) According to its objectives, education is divided into general education, vocational education and hobby education.
[RT I 2007, 4, 19 – entry into force 01.09.2007]

 (5) Education has the following levels:
 1) pre-school education;
 2) basic education (first level of education);
 3) secondary education (second level of education);
 4) higher education (third level of education).

 (6) Requirements, called national standards of education, shall be determined for each level of education. The national standards of education shall be set out in national curricula.
[RT I 2010, 41, 240 – entry into force 01.09.2010]

§ 3.  Education system

 (1) The education system is comprised of two subsystems:
 1) education devised on the basis of the objectives and levels of education;
 2) educational institutions as organisations responsible for implementing the objectives of education.

 (2) Above all, childcare institutions, preschools, basic schools, upper secondary schools, vocational educational institutions, institutions of professional higher education, universities, hobby schools and continuing education institutions, including the research and methodology institutions which provide services to them, are educational institutions.
[RT I, 09.01.2025, 1 - entry into force 01.09.2025]

 (3) State and municipal educational institutions, except universities, shall be called public educational institutions.

§ 4.  Principles of organisation of education system

 (1) The state and local governments shall ensure that everyone in Estonia has the opportunity to comply with the compulsory education obligation and the opportunity to engage in lifelong learning, under the conditions and pursuant to the procedure prescribed by legislation.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (2) Within the territory of Estonia, the state and local governments shall ensure that opportunities exist for the acquisition of education in Estonian at all levels of education in public educational institutions and universities.

 (3) The Republic of Estonia shall ensure that the Estonian language is taught in all public educational institutions and study groups where instruction is carried out in a language other than Estonian.

 (4) [Repealed – RT I 2010, 41, 240 – entry into force 01.09.2010]

 (5) The structure of the education system, along with the national standards of education, shall provide opportunities for everyone to move from one level of education to the next.

 (6) The management of the financial affairs of educational institutions shall be separate from pedagogical supervision and control.

 (7) The acquisition of secondary education in public educational institutions shall be free of any tuition fees.

 (8) Forms of study undertaken in an educational institution shall be determined by law or the statutes of the educational institution.

 (9) The education system shall be managed on the basis of the principle of reasonable decentralisation.

 (10) The head of an educational institution shall be responsible for the activities of an educational institution, including for the organisation and efficacy of study.
[RT I, 11.07.2013, 1 – entry into force 01.09.2013]

Part II MANAGEMENT OF EDUCATION SYSTEM  

§ 5.  Extent of authority of legislative and executive power

 (1) The Riigikogu has the exclusive authority to:
 1) determine the principles of the formation, functioning and development of the education system;
 2) establish tuition fees in public educational institutions and universities in public law;
 3) decide on the establishment, merger, division and termination of the activities of universities in public law.

 (2) The Government of the Republic has the authority to:
 1) adopt national education development programmes and provide guarantees for the implementation thereof;
 2) establish the procedure for the establishment and reorganisation of public educational institutions and for termination of their activities;
[RT I, 23.03.2015, 5 – entry into force 01.07.2015]
 3) establish the tuition fees and rates for public educational institutions and universities in public law, and the procedure for remuneration;
 4) establish the maximum rate for study loans secured by the state;
[RT I 2009, 35, 232 – entry into force 01.07.2009]
 5) establish state concessions and benefits, including credit concessions, for pupils, students and educators;
 6) [Repealed – RT I 2010, 41, 240 – entry into force 01.09.2010]
 7) establish the Standard of Higher Education;
 7¹) [Repealed – RT I, 19.03.2019, 12 – entry into force 01.09.2019]
 8) [Repealed – RT I 2008, 34, 208 – entry into force 01.09.2008]
 9) [Repealed – RT I 2007, 4, 17 – entry into force 29.01.2007]
 10) [Repealed – RT I, 19.03.2019, 12 – entry into force 01.09.2019]

§ 6.  Authority of Ministry of Education and Research

 (1) The Ministry of Education and Research shall organise the preparation and implementation of national education development programmes.

 (2) The Ministry of Education and Research shall:
 1) [Repealed – RT I 1995, 12, 119 – entry into force 18.02.1995]
 2) [Repealed – RT I 1995, 12, 119 – entry into force 18.02.1995]
 2¹) ensure compliance with the national standard of education through supervision and the availability of high-quality education on the whole territory of the state;
[RT I, 11.07.2013, 1 – entry into force 01.09.2013]
 3) co-ordinate and supervise local governments and other ministries of the Republic in the organisation of education and obtain their approval for proposals to establish, reorganise or close public educational institutions pursuant to the procedure established by legislation;
 4) establish, reorganise and close state educational institutions, except universities and institutions of professional higher education;
 5) direct and organise the preparation of study plans, study modules for public educational institutions (except universities) and study materials for students with special needs and establish the requirements for educational literature in order to ensure conformity to the national curriculum;
[RT I 2009, 2, 4 – entry into force 01.09.2009]
 6) ensure a system whereby methodological services are provided to public educational institutions and teachers, and co-ordinate the operations of methodology institutions;
[RT I, 11.07.2013, 1 – entry into force 01.09.2013]
 7) register state-recognised and state graduation documents;
 8) co-ordinate the training and in-service training system of education personnel;
[RT I, 11.07.2013, 1 – entry into force 01.09.2013]
 9) participate in the implementation of state research policy and order research projects in the field of education;
 10) participate in forecasting the need for specialists and skilled workers and in determining the provision of state-commissioned education;
 11) co-ordinate training for specialists and skilled workers at institutions of professional higher education and vocational educational institutions, and co-ordinate continuing training for and the retraining of specialists and skilled workers;
 12) [Repealed – RT I 1995, 12, 119 – entry into force 18.02.1995]
 13) co-operate with the educational and research institutions of other countries and international organisations;
 14) develop the rules for the state financing of education;
 15) issue and revoke education licences (activity licences) for private schools and other legal persons engaged in the provision of training;
 16) appoint heads of state educational institutions to office and release them from office;
 17) [Repealed – RT I 2008, 34, 208 – entry into force 01.09.2008]
 18) establish a uniform marking system for each level of education;
 19) [Repealed – RT I 2004, 56, 404 – entry into force 01.09.2004]
 20) establish the conditions and the procedure for the grant of use of the student hostels and boarding school facilities of state educational institutions (except universities).
[RT I 2007, 4, 17 – entry into force 01.01.2008]

 (3) In the governing area of the Ministry of Education and Research the applied functions of the manager of a state school arising from the legislation shall be performed by the Education and Youth Authority if the performance of such functions has been provided for in the statutes of the authority.
[RT I, 16.06.2020, 1 – entry into force 01.08.2020]

§ 7.  Authority of local governments

 (1) The authority of local governments is established by this Act, Acts on local governments and other legislation. The division of authority between levels of local governments shall be provided by law.

 (2) Local governments shall:
 1) plan education development programmes within their administrative jurisdiction and implement them;
 2) establish, reorganise and close municipal educational institutions pursuant to the procedure prescribed by legislation, and register educational institutions established within their administrative jurisdiction;
 3) ensure that economic support and financing is provided for municipal educational institutions within their administrative jurisdiction;
 4) appoint heads of educational institutions subordinate thereto to office and release them from office;
 5) forecast the need for teachers and assist educational institutions in finding employees;
[RT I, 11.07.2013, 1 – entry into force 01.09.2013]
 6) ensure that teachers have living quarters and other benefits prescribed by legislation;
[RT I, 11.07.2013, 1 – entry into force 01.09.2013]
 7) [repealed – RT I, 06.12.2014, 1 – entry into force 01.01.2016]
 8) keep records of children subject to the compulsory education obligation and ensure monitoring the compliance with the compulsory education obligation, provide children with material and other assistance for compliance with the compulsory education obligation, and ensure medical care and meals during school hours;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 8¹) organise the travel of children acquiring basic education to and from an educational institution and compensate for the travel expenses to persons acquiring basic education, secondary education, vocational education or passing additional studies on the bases provided for in the Public Transport Act;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 9) organise the provision of methodological services to educational institutions and advise heads of educational institutions and teachers in issues pertaining to the organisation of study;
[RT I, 11.07.2013, 1 – entry into force 01.09.2013]
 10) organise the provision of vocational information for children and young people and make appropriate recommendations to them;
 11) keep records of disabled persons and organise teaching for them.

 (3) In order for education development programmes within the administrative jurisdiction of a local government to be prepared and implemented, the body of executive power of the local government shall form a structural unit within its composition or appoint an appropriate official.
[RT I 2002, 63, 389 – entry into force 29.07.2002]

Part III COMPULSORY SCHOOL ATTENDANCE  
[Repealed – RT I 2010, 41, 240 - entry into force 01.09.2010]

Part III¹ COMPULSORY EDUCATION OBLIGATION  
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 10¹.  Compulsory education obligation

 (1) Compulsory education obligation means the obligation to participate in basic, secondary or vocational education studies and acquire knowledge, skills and competencies to ensure one’s development.

 (2) Children residing in Estonia, including children with foreign citizenship and children with unspecified citizenship who have attained the age of seven years before 1 October of the current year are subject to the compulsory education obligation. Children are subject to the compulsory education obligation until they attain 18 years of age. The compulsory education obligation is deemed to be complied with before attaining 18 years of age if the child has acquired secondary or vocational education.

 (3) The child of a foreign mission representative accredited to the Republic of Estonia or the child of a representative of an international organisation are not subject to the compulsory education obligation.

 (4) A child who due to their state of health or individual development has not achieved the necessary readiness for school after attaining the age of compulsory education obligation may commence their studies one academic year later, if it is recommended by the preschool having assessed their readiness for school or the external advisory team specified in § 47 of the Basic Schools and Upper Secondary Schools Act.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025, amended in part RT I, 01.07.2025, 1]

 (5) A preschool or an external advisory team recommends to commence studies one academic year later if:
 1) the child’s sensory and learning skills, social or self-reflection skills have not developed to necessary extent for the commencement of studies or
 2) the child needs long-term treatment due to an illness, trauma or health disorder and their state of health does not enable to participate in everyday studies.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025, amended in part RT I, 01.07.2025, 1]

§ 10².  Obligations of legal representative concerning child’s compulsory education obligation

 (1) A parent or guardian (including legal representative) ensures compliance with the compulsory education obligation and shall among other:
 1) create the conditions enabling learning at home and prerequisites for participation in studies for a child subject to the compulsory education obligation;
 2) use the information channel determined by school for the everyday exchange of information;
 3) monitor the progress of learning and notify the school in case of problems;
 4) submit their contact information to the school and notify of changes therein;
 5) address the external advisory team on the school’s proposal;
 6) apply from the school or the rural municipality or city government of the child’s residence, where necessary, the application of measures supporting compliance with the child’s compulsory education obligation and shall apply those measures;
 7) initiate a conversation supporting the pupil’s development, where necessary, and participate in the conversation supporting the pupil’s development and contribute to the establishment of options of the child’s learning path;
 8) submit an application for the admission of a child in basic school and approve the child’s application for the continuation of studies after acquisition of basic education;
 9) get acquainted with the acts that regulate the organisation of studies that have been published on the school’s website and complies with the provisions concerning them;
 10) cooperate with the school and the rural municipality or city government of the child’s place of residence.

 (2) If the legal representative fails to comply with the obligations specified in subsection 1 of this section, the rural municipality or city government shall apply the necessary measures for protection of the child’s rights.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 10³.  Duties of rural municipality and city and measures applied to child’s compulsory education obligation

 (1) A rural municipality or city government keeps records over children subject to the compulsory education obligation. To support children subject to the compulsory education obligation and their legal representatives, the authorised person of a rural municipality or city government shall monitor each month, through the Estonian Education Information System, the participation in studies of children subject to the compulsory education obligation residing in the administrative territory of the rural municipality or city. The place of residence, additional address and contact details entered in the population register on the legal representatives of children subject to the compulsory education obligation and in need of support residing in the administrative territory of the rural municipality or city shall also be made available in the Estonian Education Information System to the authorised representative of the rural municipality or city government.

 (2) In case of pupils having acquired basic education in the current academic year, the rural municipality or city government shall ensure compliance with the compulsory education obligation by 1 November at the latest, performing the duties specified in subsection 3 of this section.

 (3) The rural municipality or city of the residence of a child subject to the compulsory education obligation shall support, where necessary, the child subject to the compulsory education obligation, legal representative and school, creating conditions for complying with the compulsory education obligation, among other:
 1) ascertain the reasons for failure to comply with the compulsory education obligation and the measures supporting compliance with the compulsory education obligation and organise the application of measures;
 2) organise trainings and counselling for the legal representatives of children who have failed to comply with the compulsory education obligation in order to support them in the creation of conditions for learning;
 3) establish the procedure for ensuring compliance with the compulsory education obligation, in which they determine the position or structural unit, whose task is to apply the measures specified in clause 1 of this section and the organisation of activities related with the measures.

 (4) The rural municipality or city government shall publish the procedure specified in clause 3 of subsection 3 of this section and the contact details of the position or structural unit specified in the procedure on its website.

 (5) If the child’s need for assistance for the purposes of the Child Protection Act or the Social Welfare Act prevents compliance with the compulsory education obligation, the rural municipality or city shall ensure assistance to the child pursuant to the procedure provided for in those Acts. The rural municipality or city government shall involve the school in the assessment of the child’s need for assistance and provision of assistance.

 (6) The rural municipality or city government of the child’s place of residence shall notify the school of the commencement of proceedings and subsequent cooperation.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 10⁴.  Duties of educational institution upon ensuring compliance with compulsory education obligation

  The duties of an educational institution upon ensuring compliance with the compulsory education obligation have been established in the Basic Schools and Upper Secondary Schools Act and in the Vocational Educational Institutions Act.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

Part IV CLASSIFICATION OF EDUCATION ON BASIS OF OBJECTIVES  

§ 11.  General education

  General education is a system of knowledge, skills, experience, values and behavioural norms which enables a person to evolve into a continuously developing personality who is capable of living with dignity, respecting himself or herself, his or her family, other people and nature, choosing and acquiring a suitable profession, acting creatively and being a responsible citizen.

§ 12.  Vocational education

  Vocational education is a system of knowledge, skills, experience, values and behavioural norms which are required for working in a certain area of specialisation, for obtaining certain qualifications and for applying for and retaining a certain position, and the acquisition and improvement of that system creates the prerequisites for successful professional activity.

§ 13.  Hobby education

  Hobby education is a system of knowledge, skills, experience, values and behavioural norms which is acquired through systematic guided voluntary activity during time free from formal education, continuing education and work and which provides opportunities for comprehensive development of personality.
[RT I, 23.03.2015, 5 – entry into force 01.07.2015]

Part V CLASSIFICATION OF EDUCATION ON BASIS OF LEVELS  

§ 14.  Preschool education

  Early childhood education means the set of general skills, knowledge and attitudes creating the prerequisites for the acquisition of basic education.
[RT I, 09.01.2025, 1 - entry into force 01.09.2025]

§ 15.  Basic education

  The acquisition of basic education creates the prerequisites and grants the right to continue studies for the acquisition of secondary education.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 16.  Secondary education

 (1) Secondary education is a level of education which is based on basic education. Secondary education is divided into general secondary education and vocational secondary education.

 (2) General secondary education is a set of requirements established by the national curriculum for basic schools and upper secondary schools. The acquisition of general secondary education provides the prerequisites and grants the right to continue studies to acquire higher education.

 (3) Vocational secondary education is a set of requirements established by the vocational education standard and the national curricula for vocations or professions. The acquisition of vocational secondary education provides the prerequisites and grants the right to start working in the acquired vocation or profession or to continue studies to acquire higher education.
[RT I 2007, 4, 17 – entry into force 29.01.2007]

§ 17.  Higher education

 (1) [Repealed – RT I 1995, 12, 119 – entry into force 18.02.1995]

 (2) [Repealed – RT I 1995, 12, 119 – entry into force 18.02.1995]

 (3) Education which is based on general secondary education but which is not recognised as higher education by the state is considered to be education between secondary education and higher education and such education is called secondary specialized education.

 (4) [Repealed – RT I 2002, 56, 348 – entry into force 05.07.2002]

 (5) [Repealed – RT I 1995, 12, 119 – entry into force 18.02.1995]

 (6) [Repealed – RT I 1995, 12, 119 – entry into force 18.02.1995]

 (7) An educational institution shall be granted the right to issue documents certifying higher education if its study modules and the conditions of their implementation comply with the national standard of education and if it has received state recognition to that effect.

§ 18.  Further education

  Further education is the general educational and professional knowledge, skills and experience, and the behavioural norms and values complying with the professional requirements, which are necessary for maintaining and expanding existing knowledge, skills, experience and behavioural norms and values.
[RT I 1998, 57, 859 – entry into force 06.07.1998]

Part VI¹ TYPES OF STUDY BASED ON PURPOSE 
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

§ 18¹.  Types of study

 (1) Formal education means purposeful and structured studies which are conducted on the basis of a curriculum in early childhood education, basic education, secondary education, vocational education and higher education and the completion of which is generally recognized with the award of educational qualification.

 (2) Non-formal education means purposeful and structured voluntary studies which may be conducted on the basis of a curriculum. The possibilities of non-formal education are above all provided by youth work, hobby education and adult continuing education institutions and organisations.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

Part VI EDUCATIONAL INSTITUTIONS  

§ 19.  Definition and classification of educational institution

 (1) An educational institution is an educational establishment where teaching and learning are undertaken according to a curriculum.

 (2) Educational institutions are classified according to the objectives and levels of education acquired therein.
[RT I 1998, 64, 1007 – entry into force 25.07.1998]

§ 19¹.  Name of educational institution

 (1) The name of an educational institution shall not be misleading with regard to the objectives, activities, owner or legal form of the educational institution.
[RT I 2010, 41, 240 – entry into force 01.09.2010]

 (2) [Repealed – RT I, 23.03.2015, 5 – entry into force 01.07.2015]

§ 20.  Basic schools and upper secondary schools

 (1) At a basic school, basic education is acquired.

 (2) At an upper secondary school, general secondary education is acquired.

 (3) The bases for the activities of basic schools and upper secondary schools shall be established by the Basic Schools and Upper Secondary Schools Act.
[RT I 1999, 24, 358 – entry into force 21.03.1999]

§ 21.  Vocational educational institutions

 (1) At a vocational educational institution, the knowledge, skills and attitudes for the performance of a skilled trade in a vocation or profession are acquired.

 (2) The bases for the activities of vocational educational institutions shall be established by the Vocational Educational Institutions Act.
[RT I 2005, 65, 498 – entry into force 01.01.2006]

§ 22.  Institutions of professional higher education

 (1) At an institution of professional higher education, higher education is acquired.

 (2) The legal status of institutions of professional higher education shall be established by the Higher Education Act and the statutes of the institutions of professional higher education.
[ RT I, 19.03.2019, 12 – entry into force 01.09.2019]

§ 23.  Universities

 (1) At a university, higher education is acquired.

 (2) The legal status of universities shall be established by the Higher Education Act, the acts of universities and the statutes of the universities.
[ RT I, 19.03.2019, 12 – entry into force 01.09.2019]

§ 24.  Preschools
[RT I, 09.01.2025, 1 - entry into force 01.09.2025]

 (1) Early childhood education is acquired by children below the age of children subject to compulsory education obligation in preschool or at home.

 (2) The parent and the preschool or the owner thereof have joint liability in supporting the acquisition of early childhood education by children.

 (3) The legal status of preschools is provided for in the Early Childhood Education Act.
[RT I, 09.01.2025, 1 - entry into force 01.09.2025]

§ 24¹.  Childcare institutions

 (1) In a childcare institution, early childhood education is acquired by children below the age of children subject to compulsory education obligation.

 (2) The parent and the childcare institution or the owner thereof have joint liability in supporting the acquisition of early childhood education by children.

 (3) The legal status of childcare institutions is provided for in the Early Childhood Education Act.
[RT I, 09.01.2025, 1 - entry into force 01.09.2025]

§ 25.  Hobby schools

 (1) Hobby education is acquired at hobby schools.

 (2) The bases for the activities of hobby schools shall be established by the Hobby Schools Act.
[RT I 2007, 4, 19 – entry into force 01.09.2007]

§ 26.  Continuing education institutions

  [RT I, 23.03.2015, 5 – entry into force 01.07.2015]
The bases for the activity of continuing education institutions shall be provided for in the Adult Education Act.
[RT I, 23.03.2015, 5 – entry into force 01.07.2015]

Part VII DOCUMENTS CERTIFYING EDUCATION  

§ 27.  Type and format of documents certifying education

  A person’s education, vocation, area of specialisation and graduation from an educational institution shall be certified by a certificate or diploma, the format and statute of which shall be approved by the Government of the Republic.
[RT I 1995, 12, 119 – entry into force 18.02.1995]

§ 27¹.  Organisation of ordering, issue, return and reporting of blank document forms and medals certifying education
[RT I, 02.07.2012, 7 – entry into force 01.08.2012]

 (1) The ordering, issue, return and reporting of blank document forms and medals certifying education shall be organised by the Education and Youth Authority.
[RT I, 16.06.2020, 1 – entry into force 01.08.2020]

 (2) The procedure for ordering, issue, return and reporting of blank document forms and medals certifying education shall be established by a regulation of the Government of the Republic.
[RT I, 02.07.2012, 7 – entry into force 01.08.2012]

 (3) [Repealed – RT I, 16.06.2020, 1 – entry into force 01.08.2020]

§ 28.  Right to issue documents certifying education

 (1) The right to issue documents certifying education shall be granted to an educational institution by the minister in charge of the policy sector.
[ RT I, 19.03.2019, 12 – entry into force 01.09.2019]

 (2) The Republic of Estonia recognises certificates, diplomas and university diplomas issued by educational institutions under the conditions and pursuant to the procedure established by the Government of the Republic and documents issued abroad certifying education as documents certifying education.

 (2¹) The names of academic degrees awarded by educational institutions shall be established by a regulation of the Government of the Republic.
[RT I 2008, 34, 208 – entry into force 01.09.2008]

 (2²) The conformity of the qualifications of the Republic of Estonia and the qualifications of the former Union of Soviet Socialist Republics prior to 20 August 1991 shall be established by a regulation of the Government of the Republic.

 (2³) [Repealed – RT I 2004, 45, 316 – entry into force 27.05.2004]

 (3) In the Republic of Estonia, certificates, diplomas and university diplomas issued in the territory of the Republic of Estonia and abroad prior to the entry into force of this Act are valid as documents certifying education.

 (4) The issue of documents certifying education in Estonia shall be monitored by the Ministry of Education and Research.
[RT I 2003, 20, 116 – entry into force 10.03.2003]

§ 28¹.  Academic recognition

 (1) The assessment and academic recognition of documents attesting education completed in a foreign state shall be pursuant to the international agreements, the Convention on the Recognition of Qualifications Concerning Higher Education in the European Region (RT II 1998, 7, 14), the instruments bound by the convention and the regulation of the Government of the Republic established pursuant to subsection 2 of this section.

 (2) The conditions and procedure for the assessment and academic recognition of documents attesting education completed in a foreign state, as well as the conditions and procedure for the use of a title of qualification acquired in the educational system of a foreign state shall be established by a regulation of the Government of the Republic.
[RT I 2004, 45, 316 – entry into force 01.01.2005]

Part VIII LEGAL BASES FOR ACTIVITIES OF EDUCATIONAL INSTITUTIONS  

§ 29.  Legal status of educational institutions

 (1) The legal status of an educational institution shall be established by legislation and the statutes of the institution.

 (2) Educational institutions shall act independently in the organisation of teaching and educating and in the use of money and assets within the limits established by legislation.
[RT I 1998, 64, 1007 – entry into force 25.07.1998]

§ 30.  Subordination of educational institution

 (1) State educational institutions are subordinate to the Ministry of Education and Research or to another body of executive power, and municipal educational institutions are subordinate to the relevant local government.

 (2) Private childcare institutions, private preschools and private schools are subordinate to the legal or natural persons having established them.
[RT I, 09.01.2025, 1 - entry into force 01.09.2025]

§ 31.  Financing of educational institutions

 (1) Public educational institutions and universities in public law shall be financed from public funds, municipal funds and own funds.

 (2) Educational institutions shall be financed from public funds pursuant to the Act adopting the state budget and the procedure established by the Government of the Republic.

 (3) Educational institutions which are owned by legal and natural persons and which are partially maintained by the state shall be supervised by the Ministry of Education and Research, the State Audit Office and the local government according to their authority.

 (4) The own funds of educational institutions are revenue from fee-charging services, production and research activities, contractual staff training programmes, donations from sponsors and private individuals, and other income.
[RT I, 11.07.2013, 1 – entry into force 01.09.2013]

§ 32.  Management of educational institutions

 (1) An educational institution shall be managed by a head, a director or a Rector. The head of an educational institution shall be appointed by the owner unless otherwise prescribed by the statutes of the educational institution.

 (2) The rights and obligations of the head of an educational institution shall be established by corresponding legislation and the statutes of the educational institution.

 (3) The board of trustees, board of governors, council, teachers’ council or research council of an educational institution shall act on the basis of its statutes or on the basis of the statutes of the educational institution.

 (4) The student self-government shall be involved in solving the problems of an educational institution pursuant to the procedure prescribed by the statutes of the educational institution.
[RT I 1995, 12, 119 – entry into force 18.02.1995]

§ 33.  Legal status of pupils and students

 (1) The rights and obligations of pupils and students shall be established by corresponding legislation and the statutes of the educational institution.

 (2) State concessions and benefits for pupils and students in respect of study materials, meals, medical care, the use of student accommodation and public transport and the grant of loans and scholarships shall be established by legislation.

 (3) Public educational institutions shall enable their pupils and students to use their study rooms, teaching aids and sports and cultural facilities free of charge.

 (4) Local governments and legal and natural persons may provide assistance and additional concessions or benefits to pupils and students.

§ 34.  Legal status of teachers

  [Repealed – RT I, 11.07.2013, 1 – entry into force 01.09.2013]

§ 34¹.  Teacher of official language

  [Repealed – RT I, 11.07.2013, 1 – entry into force 01.09.2013]

§ 35.  Assets of educational institutions

 (1) In order to organise education and teaching, an educational institution shall have assets and those assets shall consist of land, buildings, structures, equipment, fittings and other material assets which are in the ownership of the educational institution or the use of which has been granted to and which have been transferred into the possession of the educational institution by the owner for specific purposes. The legal status of the assets of universities shall be provided for in the Higher Education Act and in the acts concerning universities.
[RT I, 15.03.2022, 1 – entry into force 01.08.2022]

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

 (3) An educational institution shall provide a place for pupils and students in boarding school facilities or a student hostel to the extent of its capabilities if this is necessary in order to ensure the availability of education.
[RT I 2007, 4, 17 – entry into force 29.01.2007]

Part VIII¹ EDUCATIONAL SCHOLARSHIPS AND AWARDS  
[RT I, 22.01.2018, 1 - entry into force 01.02.2018]

§ 35¹.  Award of educational scholarships and awards

 (1) The Government of the Republic shall award national educational awards for outstanding work results and the minister in charge of the policy sector shall award national educational scholarships in order to stimulate the development of the area of education.

 (2) The conditions of and procedure for the award of national educational scholarships and awards shall be established by a regulation of the Government of the Republic.
[RT I, 22.01.2018, 1 – entry into force 01.02.2018]

Part IX RIGHT OF FOREIGN CITIZENS TO RECEIVE EDUCATION IN REPUBLIC OF ESTONIA  

§ 36.  Right of foreign citizens to education

  Foreign citizens acquire education in the Republic of Estonia pursuant to the procedure prescribed by this Act, international agreements of the Republic of Estonia and the statutes of the educational institutions of the Republic of Estonia.

Part IX¹ STUDY LOAN  
[Repealed – RT I 2003, 58, 387 - entry into force 01.09.2004]

Part IX² ESTONIAN EDUCATION INFORMATION SYSTEM  
[RT I 2004, 56, 404 - entry into force 01.09.2004]

§ 36⁶.  Estonian Education Information System

  [RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (1) The Estonian Education Information System is a database the objective of which is to:
 1) ensure the data necessary for the making of education policy and financing decisions;
 2) provide reliable information to educational institutions and establishments and to the public on the education system and the parties thereof;
 2¹) ensure surveillance over compliance with child’s compulsory education obligation and organising the admission of pupil candidates;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]
 3) ensure the data necessary for the provision of support services and grant of allowances to learners;
 4) provide reliable information for the organisation of education statistics and studies and strategic management;
 5) enable external evaluation of teaching and education organised at educational institutions;
[RT I, 09.01.2025, 1 - entry into force 01.09.2025]
 6) maintain records of and proceed the notices of economic activities, education and activity licences, registrations, data on the right to provide instruction, curricula and residency programmes of educational institutions and establishments.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (2) The controller of the Estonian Education Information System is the Ministry of Education and Research.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (2¹) [Repealed – RT I, 16.06.2020, 1 – entry into force 01.08.2020]

 (2²) The Estonian Education Information System processes the following data:
 1) the general data on pupil candidate, pupil, their legal representative, child, student, person having completed continuing education, teacher, head of an educational institution, support specialist, childminder, academic employee and employee connected with teaching and education in hobby education, and where necessary, data on residence permit and right of residence, citizenship and mother tongue;
 2) the data on admission to an educational institution of a pupil candidate, pupil and student, suspension of studies, transfer and exclusion from studies, including the data on completion of studies as well as the data on completion of studies of a person having completed continuing education;
 3) the data on support and support services of a child and pupil, including their health data;
 4) the data on the qualification of a pupil, student, teacher, head of an educational institution, support specialist, academic employee and employee connected with the teaching and education in hobby education;
 5) the data on pupil’s studies and results;
 6) the data on the place of study of a pupil and student, including the data on studying abroad and in a custodial institution;
 7) the data on accounting for previous studies and work experience of pupils and students;
 8) the data on award of scholarships, supports and study loans to pupils and students;
 9) the data on restrictions on employment of a teacher, head of an educational institution, support specialist, childminder, academic employee and employees connected with the teaching and education in hobby education;
 10 the data on employment of a Doctoral candidate, teacher, head of an educational institution, support specialist, childminder and academic employee;
 11) the data on educational institution;
 12) the data on curricula and residency programmes, notices of economic activities, the right to provide instruction, registrations, education and activity licences and the results of external assessment.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

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

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

 (2⁵) The data of the Estonian Education Information System shall be preserved as follows:
 1) the data on pupil candidate and their legal representative which have been collected in the admission process shall be preserved for 12 months after the date of making the admission decision;
 2) the data on pupil, except for the data specified in clause 3 of this section shall be preserved for up to 25 years after exclusion from an educational institution, including graduation;
 3) the data on the qualification acquired by a person shall be preserved for ten years after the person’s death;
 4) the data on pupil’s legal representative shall be preserved until the pupil’s exclusion from an educational institution;
 5) the data on teachers, heads of educational institutions, support specialists, academic employees and employees connected with teaching and education in hobby education, except for the data specified in subsection 3 of this section, shall be preserved for up to 25 years after making the entry;
[RT I, 23.12.2024, 1 - entry into force 01.09.2025, amended in part RT I, 01.07.2025, 1]
 6) the logs shall be preserved according to the provisions of the statutes of the information system.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (2⁶) Upon expiry of the term of preservation the data shall be deleted or anonymized.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (3) [Repealed – RT I, 13.03.2019, 2 – entry into force 15.03.2019]

 (3¹) The performance indicators of childcare institutions, preschools, basic schools, upper secondary schools, vocational educational institutions and continuing education institutions shall be published through the Estonian Education Information System.
[RT I, 09.01.2025, 1 - entry into force 01.09.2025]

 (3²) The performance indicators specified in subsection 3¹ of this section shall be established by a regulation of the minister in charge of the policy sector.
[RT I 2010, 41, 240 - entry into force 01.09.2010]

 (4) The Estonian Education Information System shall be founded and the statutes thereof shall be established by a regulation of the Government of the Republic, setting out:
 1) the processor of the database;
 2) the functions of the controller, co-controller and processor;
 3) the composition of collected data and the procedure for entry in the database;
 4) the list of data providers and the data received therefrom;
 5) other organisational issues.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]

 (4¹) [Repealed – RT I, 16.06.2020, 1 – entry into force 01.08.2020]

 (5) The provisions of the General Part of the Economic Activities Code Act concerning registers shall be applied to the sub-register of curricula and education licences forming the sub-register of the Estonian Education Information System.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

Part X IMPLEMENTATION OF EDUCATION ACT  

§ 37.  Implementation

 (1) The Republic of Estonia Education Act shall be established as of 30 March 1992.

 (1¹) [Repealed – RT I 2003, 58, 387 – entry into force 01.09.2004]

 (2) [Omitted from this text.]

 (3) The Government of the Republic and the minister in charge of the policy sector have the right to issue regulations on the basis and for the implementation of this Act.

 (4) Clause 6 of subsection 2 of § 5 of this Act enters into force on 1 January 2002.

 (5) Subsections 6¹–6⁴ of § 36¹ of this Act apply:
 1) in 2004 to a parent raising a child of up to 1 year of age;
 2) in 2005 to a parent raising a child of up to 2 years of age;
 3) in 2006 to a parent raising a child of up to 3 years of age;
 4) in 2007 to a parent raising a child of up to 4 years of age;
 5) as of 2008 to a parent raising a child of up to 5 years of age.

 (6) Upon processing of an application for partial writing off of study loans, the law applicable at the time of submission of the application shall apply. If a person has submitted an application for partial writing off of study loans on the basis provided for in subsection 6¹ of § 36¹ of this Act and it is not possible to take into account the years of study from the commencement of studies, the provisions of subsections 6¹–6⁸ of § 36¹ shall apply in the processing of the application.

 (7) The amendments to the Republic of Estonia Education Act, which entered into force on 28 June 2003, are applied as follows:
 1) if the recipient of loan has, at the time the amendments enter into force, a child under 3 years of age, or the person was in military service or permanently incapacitated for work to the extent of 80–100 per cent, and if the recipient of loan has submitted the application after the date of entry into force of the amendments on the basis of subsection 4 of § 36⁴ of this Act or the certificate of incapacity for work on the basis of subsection 5¹ of § 36² of this Act, the version which entered into force on 28 June 2003 shall apply to the recipient of loan;
 2) if the recipient of loan was exmatriculated before 28 June 2003, the version of the Republic of Estonia Education Act which was in force at the time of exmatriculation shall apply for the recipient of loan.
[RT I 2004, 41, 275 – entry into force 16.05.2004]

§ 38.  Implementation and ex-post assessment of compulsory education obligation

 (1) The compulsory education obligation specified in part III¹ of this Act shall not be imposed on persons who have complied with the compulsory education obligation provided for in the version of the Basic Schools and Upper Secondary Schools Act in force until 1 September 2025 before 1 September 2025.

 (2) The Ministry of Education and Research shall, in 2035 at the latest, analyse the impact and effectiveness of this Act and shall submit proposals for the amendment thereof, if necessary.
[RT I, 23.12.2024, 1 - entry into force 01.09.2025]