The Scope of the Law and the Foundations of the Education System
The Law of Georgia on General Education regulates the conditions for carrying out general educational activity in the country, the principles and rules of managing and funding general education, and establishes the status of every general educational institution regardless of its organisational and legal form, together with the rules of its foundation, activity, reorganisation, liquidation and authorisation, as well as the conditions governing the work of teachers. Under the first article of the law, the legislation consists of the Constitution, the Constitutional Agreement, international treaties and agreements, the law itself, other laws and subordinate acts.
The principal goals of state policy are the formation of a free personality equipped with national and universal values, the development of the pupil's intellectual and physical abilities, and the shaping of civic consciousness founded on liberal-democratic values. To achieve these goals the state ensures the openness of education and its equal accessibility for everyone throughout life, the independence of public schools from religious and political associations, the elimination of violence in educational institutions, the introduction of inclusive education and the regulation of the teaching profession.
The Right to Education and the Available Forms
The law declares that everyone has an equal right to full general education, so that each person can develop his or her personality and acquire the knowledge and skills needed for equal opportunities in life. Primary and basic education are compulsory. The state creates the general education system and the appropriate socio-economic conditions, and it protects the freedom of educational choice of the pupil and the parent; that freedom, however, does not include the right to evade compulsory education or to choose education that would hinder the achievement of the law's goals.
For pupils with special educational needs the law provides an alternative curriculum, an individual curriculum based on the national curriculum, or an extended curriculum, through which teaching, social adaptation and integration into public life are carried out; in a public school such a pupil must, where necessary, be provided with the relevant human resources and services financed by the state. General education may also be received in the form of external studies: an external student is entitled to obtain the state document certifying general education upon overcoming the achievement level defined by the national curriculum, and the rules and conditions of external study are laid down by the Ministry. Education may further be ensured through alternative forms that take account of the age of the pupils and of their working and family circumstances.
The Protection of Pupils and the Obligations of Schools
The law protects pupils from ill-treatment, neglect and humiliation. A school must take all reasonable measures to ensure fair assessment of knowledge, and it is impermissible for a pupil's academic assessment to be conditioned by discipline. During school hours, on the school's or adjacent territory, an environment safe for health, life and property must be created; in a public school the service of the school mandator is financed from the state budget, and a private school may conclude a contract with the mandator service on security, public order and psychosocial services. The school is likewise obliged to protect the rights and freedoms of the pupil, the parent and the teacher.
A pupil expelled from school has the right to continue studies at another school, and any pupil may transfer to another school at the same level under rules established by the Ministry. Where education is received by a person with limited or no legal capacity, a contract is concluded between the parent or legal representative and the school; a person with full legal capacity contracts directly.
State Funding of General Education
Under the law, the state ensures the receipt of full general education, and state funding of a pupil's education at a general educational institution continues for 12 years. Funding is channelled through a voucher corresponding to the per-pupil financial normative; when a pupil transfers to another institution, the voucher is transferred as well. Under defined conditions the Ministry is also authorised to finance a private school within the framework of targeted programmes approved by the Government.
The amounts of standard and increased vouchers are determined according to the maximum workload for the achievement level envisaged by the national curriculum, with observance of the principle of equality in ensuring the right to education for pupils in different circumstances. After current expenses have been covered, the remaining amount may be used for capital expenditure. The funding extends to citizens of Georgia, citizens of foreign states, stateless persons, persons holding international protection and other persons specified by law.
Frequently Asked Questions
Is general education compulsory in Georgia?
Yes. Primary and basic education are compulsory, and the parent's freedom of choice does not include evading compulsory education.
For how long does the state finance a pupil's education?
State funding of a pupil's education at a general educational institution continues for 12 years through a voucher corresponding to the per-pupil financial normative, which is transferred when the pupil changes school.
Can general education be received without attending school?
Yes, general education may be received in the form of external studies: upon overcoming the achievement level defined by the national curriculum, the external student receives the state document certifying general education.
How does the law protect pupils at school?
Pupils are protected from ill-treatment, neglect and humiliation; academic assessment may not be conditioned by discipline, and the school must create a safe environment and ensure fair assessment of knowledge.
How We Help on Legal.ge
The lawyers of Legal.ge assist parents and pupils in defending educational rights: resolving disputes with schools, handling expulsion and transfer issues, and clarifying the rules of inclusive education and voucher-based funding. Contact us: we will examine your situation and plan steps that best protect the child's interests.