The Scope of the Law — the Boundaries of Higher Education Law
Higher education law in Georgia is defined by the Law on Higher Education. The first article of the law explains its scope: it regulates the process of carrying out the educational and scientific-research activities of higher education institutions, the principles and rules of the governance and funding of higher education, establishes the rules for the foundation, activity, reorganization and liquidation of an institution, and also the principles of authorization and accreditation. Which body conducts authorization and accreditation is determined by other norms of the law — the anchor articles of this page do not contain that detail.
This framework determines that any matter — from the foundation of an institution to the rights of a student — is resolved through the prism of precisely this law, and a separate specialized question is first placed in the systemic framework and then assembled with specialized norms.
The Core of Students’ Rights
The subjective core of the system is the catalogue of Article 43 of the law: a student has the right to receive quality education, to participate in scientific research, to use the material-technical, library and informational means of the institution on equal terms, to elect and be elected to student self-governance and to management bodies, to found or join student organizations in accordance with the student’s interests, and to receive a scholarship and assistance. The student also has the right to choose an educational program, to participate in the development of an individual educational program, and periodically to assess the work of the academic personnel.
Article 43 also contains procedural guarantees: disciplinary proceedings must be proportionate to the disciplinary offence; the student has the right to receive a written, reasoned decision on the start of proceedings, to attend the consideration of the case, to exercise the right of defense, to submit available evidence and to demand consideration at a public hearing. The burden of proof lies with the accusing party, and decisions of the institution are appealable in court. The institution must ensure fair assessment of knowledge, and the student’s personal information and views are confidential.
The Three-Tier System
The structural core is Article 46 of the law: academic higher education has three tiers — a bachelor’s educational program comprises at least 180 credits, a master’s program at least 60 or 120 credits, and a doctoral program lasts at least 3 years. An educational program of an institution comprises on average 60 credits over one academic year. After passing a program, a diploma with a standard annex is issued, and for a program not completed — a corresponding certificate. These parameters are the common language of the system: the unity of credits makes programs comparable and creates the structural foundation of mobility.