The Legal Framework of Online Learning
Georgian general education law regulates online learning through the form of distance learning, and every term entering this sphere is defined in the law. Distance learning is an organised learning process, or a part of it, conducted in a distant or electronic form or through other means of communication, based on information and communication technologies, for receiving general education in a Georgian general education institution or for mastering a subject or subject group provided for by the national curriculum — a process that does not require the simultaneous presence of the student and the institution's personnel in a defined place. This definition is the legal axis around which the organisers of online courses and the platforms operating in this market must build their own compliance structure.
Synchronous and Asynchronous Forms
The law distinguishes two forms of distance learning: synchronous communication means such interaction when communication between the sender and the recipient of information takes place at the same time, while asynchronous communication means such interaction when this communication does not take place at the same time. From a practical perspective this means that the platform and the organiser of the learning process must determine in advance which form, or which combination of forms, will be used, since this choice governs the planning of interaction with students, of assessment, and of the study load. The law also imposes the duty of proper planning of the curriculum and the use of appropriate approaches and methods for the organisation and steering of the learning process, which places the quality of instructional design on a legal footing rather than leaving it purely to the market.
Requirements for the Educational Programme
A distance learning programme is built in accordance with the requirements established by the legislation of Georgia for a general education programme or for a subject or subject group provided for by the national curriculum. This has a concrete legal consequence: the online format does not lower the substantive standard, and the outcomes of the programme must correspond to the same requirements that apply to traditional teaching. At the same time, matters connected with the status of a general education institution are regulated through the authorisation procedure — authorisation is the procedure for obtaining the status of a general education institution, whose purpose is to ensure the satisfaction of the standards necessary for the activity of issuing the state document confirming general education. In other words, the issuance of a state document as a result of an online course is possible only within the authorised framework, and a platform's marketing promises must take this boundary into account.
Decision-Making and the Role of the Ministry
The decision on the admission of distance learning in Georgian general education institutions and on the period of its implementation, as well as on the institution that must use distance learning to deliver general education, is taken by the minister of education through an individual administrative-legal act. The rules and conditions for the remote steering of the learning process and for the assessment of the results obtained are likewise approved by the minister. The ministry at the same time conducts unified state policy in the sphere of general education, develops and approves the national curriculum, approves the authorisation regulation and fee, and regulates the creation and administration of the education management information system. These powers create the institutional environment within which online learning is organised, and any compliance analysis of a platform must begin by mapping this environment.
Practical Directions of Platform Compliance
For private-sector online courses the decisive step is drawing the boundary: if a course is directed toward the state document confirming general education, it falls under the authorisation requirements and the requirements of the national curriculum; if the course is a supplementary education format, the legal regime differs. When planning compliance, the platform must determine its own place within this framework, verify that its content corresponds to its declared purposes, and avoid arrangements that create in the consumer an expectation connected with a state document without a legal basis. A legal adviser's participation in this assessment significantly reduces the risk of regulatory findings and of consumer disputes, and turns the regulatory environment from a source of uncertainty into a planning parameter.
Frequently Asked Questions About Online Course Regulation
What is distance learning under the law?
It is an organised learning process, or part of it, based on information and communication technologies and conducted in a distant or electronic form, which does not require the simultaneous presence of the student and the institution's personnel in one place.
Who decides on the admission of distance learning?
The decision on the admission of distance learning in general education institutions and on the period of its implementation is taken by the minister of education through an individual administrative-legal act.
Can a state document be obtained through an online course?
The issuance of the state document confirming general education is tied to the authorisation framework: authorisation ensures precisely the satisfaction of the standards needed for issuing that document.
What do the assessment rules provide?
The rules and conditions for the remote steering of the learning process and the assessment of results are approved by the minister of education, so a platform's internal assessment system must be aligned with those rules.
How We Help on Legal.ge
The lawyers of Legal.ge will help you navigate the legal environment of online learning: we will assess the regulatory status of your platform, clarify the issues connected with authorisation and prepare the documentation. Contact us — we will draw up a plan that fits your business aim within the frame of the law.