Vocational School Licensing under Georgian Law
Opening a vocational school is often described as a licensing matter, yet Georgian law regulates this field differently. The legislation governing vocational education organizes the founding of a college, the acquisition of its status and the carrying out of educational activity through the institution of authorization. This page explains how that system works on the basis of the three key provisions of the relevant law: the norms on the founding of a college, on authorization, and on obtaining the right to implement an educational program.
If you are planning to establish a vocational school or are already working through this process, it is essential to understand from the outset that the law treats the college as a legal entity of special standing which acquires that standing only as a result of authorization. It is authorization that determines whether the institution may issue education documents recognized by the state and on which educational programs its activity will extend.
Founding a College and Its Legal Form
Under the law, a college is founded and operates in the form of a public-law legal entity or a private-law legal entity. This means that a founder may in principle choose between different organizational and legal forms, although starting vocational educational activity in every case requires authorization.
The circle of founders is also defined by law. An organ of the executive power of Georgia is authorized, for the purpose of carrying out vocational educational activity and in agreement with the ministry, to found a public-law legal entity or a private-law non-profit (non-commercial) legal entity. The executive organs of the autonomous republics of Abkhazia and Adjara hold an analogous power and act in agreement with the ministry. A municipality, in accordance with the Local Self-Government Code, may likewise found a public-law legal entity or a private-law non-profit (non-commercial) legal entity in agreement with the ministry.
The law also regulates the situations in which vocational programs may be implemented without creating a separate legal entity. A general education institution may, without establishing an independent legal entity, implement only the basic vocational educational program, the secondary vocational educational program, the state language preparation program, and a vocational training or vocational retraining program. A higher education institution, without creating an independent legal entity, may implement any type of such programs: vocational educational programs, short-cycle educational programs, state language preparation programs and vocational training or retraining programs. In addition, a higher education institution may found a non-profit (non-commercial) legal entity for the purpose of implementing vocational or short-cycle educational programs.
It is also worth noting the norm under which the chapter of the law dealing with institutions founded with the participation of the state does not extend, taking into account its content, to an educational institution existing in the form of a private-law legal entity — subject to the stated exception. This circumstance may affect the legal regime governing the institution, which is why the choice of form should always be discussed with a lawyer in advance.
Authorization — the Status and Rights a College Acquires
As a result of authorization, a legal entity acquires the status of a college and becomes entitled to issue an education document recognized by the state — a diploma. In addition, the college is authorized to issue an education document recognized by the state — a certificate — for a vocational training program or a vocational retraining program, provided they are implemented within the framework of the vocational educational or short-cycle educational program whose implementation right the college has obtained through authorization.
The authorization standards for colleges cover a broad spectrum: they concern the mission and strategic development of the college, its educational programs, vocational students and the measures supporting them, human resources, and material, informational and financial resources. Taken together, these elements determine how ready the institution is to deliver quality educational activity, and it is against them that the authorization application is framed.
It is equally important that a college is authorized to implement only the vocational educational program and the short-cycle educational program indicated in the authorization application, together with those programs which it added during the period of validity of the authorization through an application for the addition of an educational program. In the case of a vocational training or vocational retraining program, no additional authorization is required: it suffices that they are implemented within the framework of the authorized program whose right the college holds.
Obtaining the Right to Implement an Educational Program
The procedure for obtaining the right to implement a program depends on the type of institution implementing it. A general education institution obtains the right to implement the basic vocational educational program and the secondary vocational educational program, while a higher education institution obtains the right to implement the vocational educational program and the short-cycle educational program, in the manner established by the rules on the authorization of educational institutions.
Programs may also be added during the period of validity of the authorization: a general education institution implementing vocational educational programs adds, in the manner established by the authorization rules, basic and secondary vocational educational programs, while a higher education institution adds vocational educational programs and short-cycle educational programs. Vocational training and vocational retraining programs are implemented by the institution without additional authorization, provided they fall within the framework of the corresponding authorized program.
Frequently Asked Questions
Are vocational school licensing and authorization the same procedure?
In everyday speech the term licensing is often used, but the law links the acquisition of college status to authorization: it is as a result of authorization that a legal entity becomes a college and gains the right to issue documents recognized by the state.
Who may found a college?
A college is founded in the form of a public-law or private-law legal entity. The law identifies as founders an organ of the executive power of Georgia, the executive organs of the autonomous republics and the municipality — each of them acting in agreement with the ministry.
Which documents may a college issue after authorization?
As a result of authorization, a college may issue an education document recognized by the state — a diploma — as well as a certificate for a vocational training or retraining program, provided they are implemented within the framework of an authorized program.
Can new educational programs be added after authorization?
Yes. During the period of validity of the authorization, a college may add new programs through an application for the addition of an educational program. Vocational training and retraining programs are implemented without additional authorization.
How We Help on Legal.ge
The Legal.ge team assists you with every legal aspect of opening a vocational school: we help you select the appropriate organizational and legal form, analyze the powers of the founder, prepare documentation conforming to the authorization standards, and formulate correctly the programs indicated in the application. Where necessary, we also provide representation of your interests. Contact us on Legal.ge and we will address your needs in any matter of vocational education law.