LAW (R) 84 24/07/1995
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The Law No. 84/July 24, 1995 (*republicata*)Law on education*)ISSUED BY: PARLIAMENTPUBLISHED IN: OFFICIAL GAZETTE OF ROMANIA, Part I, No. 606, December 10, 1999. *) The Law No. 84/July 24, 1995 - Law on education -, published in the "Monitorul Oficial" (Official Gazette of Romania), Part I, No. 167/July 31, 1995, was modified and completed by the Law No. 131/December 29, 1995, published in the "Monitorul Oficial" (Official Gazette of Romania), Part I, No. 301/December 29, 1995, as well as republished in the "Monitorul Oficial" (Official Gazette of Romania), Part I, No. 1/January 5, 1996. TITLE I General provisionsArticle 1
The present law regulates the organization and operation of the national education system.Article 2
In Romania, education is a national priority.Article 3
(1) Education aims to make the ideal of humanist traditions and democratic values come true in fulfilment of the aspirations of Romanian society, and contributes to the conservation of national identity.(2) Free, full, and harmonious development of the human individual, of one's independent and creative personality is the educational ideal of Romanian school.Article 4
(1) The ultimate aim of education is to shape human personality by:a) acquiring knowledge on national and world science and cultural values;b) developing intellectual abilities, emotional responsiveness, and practical skills through humanist, scientific, technical, and aesthetical training;c) teaching intellectual activity techniques for continuing a lifetime teaching and self-improving;d) fostering respect for the fundamental human rights and freedoms, a sense of dignity and tolerance, and free opinion exchanges;e) cultivating sensitivity to human problems and ethicalcivic values, respect for nature and environment;f) pursuing a harmonious development of the body through physical exercise, hygiene and health education, and sports;g) giving the young generation a vocational training so that young professionals may engage in useful work for the production of material and spiritual goods.(2) Education inculcates love for this country, for the Romanian people's history and traditions.(3) The Romanian school achieves its ends through modern instructional and educational strategies and techniques, supported by education sciences and school practice, according to the objectives of each level of education.Article 5
(1) Romanian citizens have equal rights of access to all levels and forms of education, irrespective of their social and material background, of sex, race, nationality, political or religious affiliation.(2) The State promotes democratic education principles and guarantees the right to differentiated education, on the basis of educational pluralism.Article 6
Compulsory education is comprised of eight grades. Attendance of eight-grade schools is no longer compulsory over 16 years of age.Article 7
(1) Public education is free of charge.(2) Fees may be charged for certain activities on such terms as the present law provides.(3) Public education is financed from the State budget and from local budgets. Allocations for education are distinctly evidenced in the State budget and in local budgets.(4) Education may be also financed by economic agents.(5) Education may be supported through scholarships, study credits, fees, grants, sponsorships, personal or other legal sources.(6) The State provides material support especially to pupils and students with excellent school records and outstanding abilities for a specific profession.(7) The State and other factors concerned subsidize pupils' and students' high-performance activities of national and international level.(8) Education institutions and units are legal persons, except for schools which only have grades 1-4.Article 8
(1) Education at all levels is provided in Romanian language. Classes in Romanian are organized and function in each locality.(2) The right of persons belonging to national minorities to learn their mother tongue and the right to receive education in their mother tongue are guaranteed, according to the present law.(3) The study and learning of the Romanian language in school, as the official language of the State, are compulsory for all Romanian citizens, irrespective of their nationality.(4) In both public and private education, the official school documents shall be indited in Romanian.Article 9
(1) The curricula of primary, middle-school, secondary, and vocational education include religion as a school subject. Religion is a compulsory subject in primary school, it is elective in middle school, and optional in secondary and vocational school. The pupil chooses the church and denomination, subject to his/her parents' or legally appointed guardian's consent.(2) Such religious denominations as are officially recognized by the State may apply to the Ministry of Education for permission to run specific education programmes, only for middle-school or secondary school graduates, as the case may be, to meet their own requirements for training religious servants. They are to make the study programmes which shall be approved by the State Secretariat for Religious Affairs and by the Ministry of Education.Article 10
(1) The public education institution and unit network is organized and approved by the Ministry of Education, in respect of population dynamics, and of the present and future requirements for professional training.(2) Local authorities and economic agents may establish and finance school units in conformity with the law.(3) The Ministry of Education may authorize the establishment of education units and institutions that give tuition in languages of international circulation, subject to the provisions of the present law. In such schools, Romanian Language and Literature, Romanian History, and Geography of Romania shall be taught and examined in Romanian.(4) The Ministry of Education may approve the creation of education units or classes of highly capable students.(5) Units that give tuition in Romanian may be set up under Romania's diplomatic offices and cultural institutions from abroad, in conformity with the present law.(6) It is the duty of the Ministry of Education to support, jointly with the Ministry of Foreign Affairs, education in mother tongue in the countries where Romanians reside, in compliance with the legislation of those states.Article 11
(1) Education shall not serve the purposes or doctrines of parties or other political formations.(2) The creation and operation of parties or other political formations, as well as the organizational and political propaganda activities are forbidden inside education institutions or on their premises.(3) Religious proselytism is forbidden in education.(4) Any activity that infringes the basic norms of ethics, and is a threat to the physical or mental health of youth is prohibited in educational units, research units, libraries, printing presses, and publishing houses of education institutions, residence halls, boarding schools, cafeterias, student clubs and houses of culture, teaching-staff houses, academic-staff houses, school camps, sports and culture centres, children's and pupils' palaces and clubs.Article 12
(1) The Ministry of Education, in consultation with other institutions and ministries concerned, plans, substantiates, and implements the general education strategy, and sets the objectives of the education system in general, and of each separate level and field of education.(2) Education cannot be organized or its contents structured on such exclusivistic and discriminatory criteria of ideological, political, religious, or ethnic nature. There are not deemed to be structured on exclusivistic and discriminatory criteria the educational units and institutions established for religious or linguistic reasons, in which the teaching keeps with the options made by the pupils' parents or legal guardians.(3) The Ministry of Education, in consultation with those interested in developing specific forms and kinds of education, is in charge of study plans, curricula, and textbooks for pre-university education. As far as higher education is concerned, academic plans and curricula are made in conformity with university autonomy and national standards.Article 13
University autonomy is guaranteed.Article 14
Educational alternatives may be provided by the public and private education system, subject to their evaluation and certification by the Ministry of Education. TITLE II National education systemChapter 1 Common provisionsArticle 15
(1) The national education system includes all the institutions and units that provide a wide variety of kinds, levels, and forms of education and instruction.(2) The national education system includes public and private education institutions and units.(3) The privatization of public education institutions and units is forbidden.(4) Education is organized by level of training to provide consistency and continuity to instruction, in agreement with individual and age characteristics.(5) The national education system is structured as shown below:a) preschool education: infant, middle, and junior groups, preparing for school;b) primary education: grades 1-4;c) secondary education:– middle-school education: grades 5-8;– vocational education;– secondary education: grades 9-12 (13);d) post-secondary education;e) higher education:– university education;– postgraduate education;f) permanent education.(6) Pre-university education includes preschool, primary, middle-school, vocational, secondary, and post-secondary education.(7) Pre-university education is subordinated to the Ministry of Education through school inspectorates, and higher education is co-ordinated by the Ministry of Education, in compliance with university autonomy.(8) The organization forms of education are: day (fulltime), evening (part-time), and extramural education.(9) Mail or distance education may be taken as a part of permanent education system.(10) Compulsory general education including primary and middle-school education is on a day (full-time) basis.(11) Pilot and applied units may operate within the education system.(12) Under present circumstances, school groups providing vocational, secondary, and post-secondary education may operate with a unique management.Article 16
(1) The national education system is open, and transfers from one type to another may be made on such terms as the rules allow.(2) Exceptionally capable pupils and students, with a very good school record may take two grades in one school or academic year.Article 17
(1) It is the Ministry of Education, school inspectorates, and local public administration bodies that provide the conditions necessary for pupils to attend primary and middle-school classes generally in their place of residence.(2) In justified situations, primary and middle-school pupils going to schools in other localities are provided with transportation, accommodation, and food services, as the case may be, with support from the Ministry of Education, local public administration bodies, economic agents, local communities, charity foundations, and other legal or natural persons.Chapter 2 Preschool educationArticle 18
(1) Preschool education enrolls children between 3 and 7 years of age, in kindergartens operating on a regular or extended day programme, or on a week-long programme.(2) Kindergartens are established by school inspectorates.(3) Economic agents and other legal persons, as well as natural persons, may establish and finance kindergartens, subject to the approval of school inspectorates, on such terms as the law provides.Article 19
Preparatory groups of children aged 5-6 (7) shall be set up and gradually generalized to ensure continuity from preschool to primary education. Enrollment costs shall be granted by the Ministry of Education.Chapter 3 Primary educationArticle 20
(1) Primary education is organized on a fulltime basis, operating, as a rule, on the basis of a morning programme, within schools providing education for grades 1-4, 1-8, or 1-12 (13).(2) Children who are or will be 7 before the end of the respective calendar year are enrolled in the first grade.(3) On request from parents or legal guardians, children who turn 6 by the time when school begins may also be enrolled in the first grade, subject to their appropriate psychosomatic development.(4) The Ministry of Education may approve the formation of classes for children who, for various reasons, did not graduate from the first four grades of compulsory general education by the time they turned 14.Chapter 4 Secondary education Section 1 Middle-school educationArticle 21
(1) Middle-school education is operating within schools with grades 1-8 or 1-12 (13).(2) In exceptional cases, middle-school education may be organized also on an evening or extramural basis, to persons who are by more than two years senior to regularaged persons.Article 22
(1) On ending middle-school education, pupils shall take a capacity examination, the methodology for which is drawn up by the Ministry of Education, in the following subjects: Romanian Language and Literature, Mathematics, Romanian History, and the Geography of Romania. Pupils belonging to national minorities who attend middle-school classes in their mother tongue shall take an examination in the respective language and literature, too.(2) Should a pupil fail the capacity examination, it may be taken again whenever another session is held.(3) The pupils who pass their capacity examination are issued with a capacity certificate. Those who failed may be issued with their registration certificates, should they so request. Section 2 Secondary educationArticle 23
(1) Secondary education includes grades 9-12 (13) day (full-time) classes and grades 9-13 evening or extramural (part-time) classes.(2) The public secondary-school network is approved by the Ministry of Education, upon the proposal of school inspectorates, and in consultation with other interested bodies, if such is the case; it shall be published before the capacity examination. Enrollment quotas and the number of forms are approved on an annual basis in consideration of local and national demand.(3) Evening and extramural secondary education, grades 9-13, is offered in such secondary school units as school inspectorates decide.Article 24
(1) As a rule, secondary schools provide the following types of education: theoretical training - sciences and humanities -, or training in information, education, engineering, economics, administration, agriculture, forestry, mountain agriculture, armed forces, arts, sports, and theology.(2) Secondary schools may train in one or more fields. Within a field, narrow specialization classes may be set up, as well as special classes for highly capable pupils, subject to the Ministry of Education's approval.(3) Specialistic secondary schools which also issue vocational certificate in addition to school-leaving certificate (or baccalaureate) may offer five-year schooling, as established by a Government decision.Article 25
(1) Admission to secondary school is based on a contest organized in conformity with a methodology developed by the Ministry of Education.(2) Middle-school graduates who hold capacity certificates may contest admission to a secondary school.(3) A full-time secondary-school entrance examination may be taken by a middle-school graduate within the first two years from graduation provided the graduate is not yet 17 by the time school begins.(4) A secondary-school entrance examination shall include the following tests:a) Romanian Language and Literature (written);b) mother tongue and literature (written); this test is taken by candidates for classes where tuition is offered in the languages of national minorities;c) Mathematics (written); for secondary schools with training in the humanities, theology, arts, and sports, one subject taught in that school type may be chosen instead of Mathematics (written);d) aptitude tests specific for certain types of secondary school specified in the methodology; these are pass/fail tests which precede the entrance examination.Article 26
(1) Secondary studies end with a baccalaureate examination, which differs in accordance with the specific type of the secondary school and class, and with the pupil's option; it is comprised of the following tests: a) Romanian Language and Literature (written and oral);b) mother tongue and literature (written and oral) - for the pupils who took secondary-school classes in a language belonging to the national minorities;c) Mathematics (written); for secondary schools that offer training in the humanities, theology, arts, and sports, pupils may choose a humanist or social subject (written);d) Romanian History (oral);e) a foreign language of international circulation, learnt in the secondary school (oral);f) an elective subject: Physics, Chemistry, Biology, Geography of Romania (oral);g) a specialty or elective subject, other than the above ones (oral).(2) Having passed a specialty subject examination and a practical test together with a specialty paper, a pupil qualifies for a vocational certificate.(3) The social sciences, humanities, specialty and elective disciplines that are not referred to in paragraph (1), subparagraphs c) and g), the curricular content and the way the baccalaureate examination is to be taken - by sciences or humanities, and by special fields - shall be decided by the Ministry of Education, and shall be made public by the time a new school year begins.Article 27
(1) The baccalaureate examination is taken before a commission established by the school inspectorate. The commission is chaired by a president appointed by the Ministry of Education from the university teaching staff holding doctoral degrees.(2) A baccalaureate examination is given only once during a school year. The results of the baccalaureate examination are made public.(3) The examining commissions shall consist of teachers from other secondary schools than those in which the baccalaureate examination is taken.(4) The number of commissions and of the education units where the baccalaureate examination is to be taken shall be decided by the Ministry of Education.(5) Candidates may participate in a baccalaureate examination no more than three times.Article 28
(1) A graduate who passes the baccalaureat examination is issued with a baccalaureate diploma and a vocational certificate, as the case may be. The vocational certificate issued to graduates as provided in paragraph (2) of Article 26 is unconditional on their baccalaureate examination.(2) Secondary-school graduates who do not have baccalaureate diplomas are issued with graduation certificates and copies of their registration certificates, on request.(3) Graduates who scored no less than 9.50 in every secondary-school grade and an all-around 10 in their baccalaureate examination are issued with a merit diploma. Section 3 Vocational educationArticle 29
Vocational education is given full time or part time in vocational schools and apprenticeship schools. Such schools may operate independently or attached to school groups.Article 30
(1) The vocational-education network is organized by the Ministry of Education in consultation with the bodies concerned.(2) The vocational-education network, the trades for which training is provided, and the enrollment quotas shall be made public six months before a school year begins.(3) Study plans and analytical curricula shall be drawn up and approved by the Ministry of Education in consultation with the bodies concerned.Article 31
(1) Middle-school graduates with a capacity certificate qualify for enrollment in vocational schools.(2) The study period in vocational schools is between two to four years.(3) Admission to vocational schools is effected by tests decided and prepared by the respective school units.Article 32
Training or re-training courses may be organized by vocational schools on a contract basis, at the request of economic agents and public or private institutions.Article 33
(1) Middle-school graduates, with or without a capacity certificate, may enroll in apprenticeship schools for the acquisition of essentially practical skills.(2) The study period in apprenticeship schools is between one to three years.(3) Apprenticeship schools operate within vocational schools.(4) Admission to apprenticeship schools is effected by specific trade tests.Article 34
(1) Vocational and apprenticeship education ends with a school-leaving examination.(2) A graduation diploma confers a graduate the right to practice the trade he/she has been trained for.Article 35
The organization of vocational education, the entrance and school-leaving examination are regulated by the Ministry of Education, through a specific methodology.Article 36
The students and graduates of vocational schools with a capacity certificate may continue their education in secondary schools by taking the entrance examination, as the present law provides.Chapter 5 Artistic education and sports educationArticle 37
(1) Artistic education and sports education are organized for pupils with special aptitudes in these fields.(2) Artistic education and sports education are given in school units proposed by school inspectorates and approved by the Ministry of Education.Article 38
In artistic education and sports education:a) children are generally enrolled as early as the primary grades;b) admission is made by specific aptitude tests;c) study plans are adjusted to the specifics of each field;d) specialty subjects are taught by groups or individually, in accordance with the criteria decided by the Ministry of Education;e) the capacity examination also includes a practical test specific to the art or sport concerned;f) the analytical curricula for artistic and sports secondary schools respect the objectives established for the theoretic type - sciences or humanities.Article 39
For each type of art and sport education, appropriate capacity certificates or baccalaureate diplomas, respectively, are issued, attesting the graduates' specific training.Article 40
(1) For competitive sport and artistic activities, the Ministry of Education may set up school clubs, schools and secondary schools with sports or arts classes on an integrated or complementary basis.(2) In order to support competitive artistic and sports activities, the Ministry of Education may set up sports or arts camps, may organize sports or arts contests, school championships, festivals, and grant scholarships and other material support.(3) The Ministry of Youth and Sports, the Ministry of Culture, and other ministries concerned are under the obligation of providing financial and material support to the competitive sports and artistic activities.Chapter 6 Special educationArticle 41
(1) Special education is provided by the Ministry of Education to preschoolers and pupils with mental, physical, sensory, speech, socioemotional, or behavioural disabilities, or with associated disabilities, for the purpose of instruction as well as their recuperation and social integration.(2) Children in need of special education are integrated in special education units, in special groups and classes of ordinary preschool and school units, or in regular education units, including those where tuition is offered in the languages of national minorities.Article 42
(1) Special education is free of charge.(2) The Ministry of Education is responsible for the training of specialized teaching staff, as well as for the organization and evaluation of special education. The financing of special education is provided by the Ministry of Education and by the Ministry of Labour and Social Protection.(3) Special education units may be supported by social protection institutions, by other public and private organizations, charity foundations, Romanian or foreign natural or legal persons concerned with the stimulation, compensation, or rehabilitation of disability.Article 43
The type and degree of child's disability are diagnosed by interschool and county expert commissions, under school inspectorates.Article 44
Special education uses study plans, analytical curricula, handbooks, and education methodologies for each type and degree of disability which have been approved by the Ministry of Education.Article 45
(1) In preschool and primary education, proposals may be made for a quick transfer from special school to regular school and inversely, or from fosterschool to special school and inversely, depending on the progress in child's condition.(2) The transfer proposal is made by the teacher of the child concerned, and by the school psychologist. The transfer decision is made by the expert commission, subject to the family's or legal supporter's consent.(3) Children in need of special education who could not be transferred to regular education by the time they graduated from primary school shall continue their education process in units for special schooling - middle school, vocational, secondary, and post-secondary - according to the type and degree of their disability.Article 46
The Ministry of Labour and Social Protection, together with other governmental or non-governmental bodies concerned, ensures the integration of special-school graduates in active life, in the appropriate labour form, through such placements as they are qualified for and on such terms as the legislation in force provides.Chapter 7 Auxiliary pre-university education unitsArticle 47
(1) At preschool, primary, and middle-school levels, interschool speech-deficiency centres, co-ordinated by school inspectorates, are set up under representative local education entities, as integrated special education structures.(2) Interschool speech-deficiency centres employ speech-deficiency teachers trained in special psychopedagogy, psychology, or pedagogy; they also have the obligation to train kindergarten and school teachers, as well as educators so as to make them conversant with the methodology of speech correction and improvement for those who have speech deficiencies.(3) For chronically diseased children, groups or classes, whichever is the case, may be set up by the Ministry of Education, within the respective medical units.Article 48
(1) For orphans or for those who cannot live in their natural, adoptive or foster families, children homes are set up under school inspectorates.(2) Children homes operate distinctly from special education units.(3) Children who are abandoned or orphaned of both parents may be transferred from a county to another only if the Ministry of Education agrees to it. Schooling for such children shall be effected in conformity with Article 8.(4) Family-type children homes may be set up and organized by school inspectorates, subject to consent from the Ministry of Education.Article 49
(1) Psychopedagogical assistance centres or offices operate in counties and in the Municipality of Bucure�ti; they also provide school and vocational guidance.(2) The rules for the operation of these centres or offices are made by an order of the Minister of Education.Article 50
(1) In every county and in the Municipality of Bucure�ti there operates the Teaching-Staff House placed under the school inspectorate.(2) The structure and functions of the Teaching-Staff House are specifically stated in the rules drawn up by the Ministry of Education.Chapter 8 Post-secondary educationArticle 51
(1) Post-secondary education is organized by the Ministry of Education on its own initiative or on request from economic agents or other institutions concerned.(2) The fields of interest and specialty groups are decided by the Ministry of Education jointly with the Ministry of Labour and Social Protection, upon the proposal of the bodies concerned.(3) Any person that requires the establishment of a postsecondary school or enrollment in this type of education shall ensure its financing under contract with the Ministry of Education, except for public post-secondary medical schools which are financed by the Ministry of Education.(4) Foremen's schools are post-secondary schools.(5) Post-secondary education may vary from one to three years.Article 52
(1) Admission to post-secondary education is based on a contest.(2) Secondary-school graduates, with or without a baccalaureate diploma, are eligible for enrollment in the entrance examination. Only holders of a baccalaureate diploma may contest admission to post-secondary medical schools.(3) The tests and terms of examination, enrollment quotas, and the methodology of entrance examination shall be decided by the Ministry of Education jointly with the initiators.Article 53
(1) Post-secondary education ends with a school-leaving examination.(2) Students who pass the school-leaving examination are issued with a certificate of qualification in the respective skill.(3) Should students fail their school-leaving examination, they may take it no more than twice within three years from graduation.Article 54
State obligations with respect to post-secondary education are established every year, by a Government decision.Chapter 9 Higher educationArticle 55
Higher education is provided in education and research institutions: universities, institutes, academies, conservatories, and university colleges.Article 56
Higher-education institutions are established by law. Section 1 Organization of university educationArticle 57
University education is open and includes:a) short-term university education;b) long-term university education.Article 58
Public university education, over the period provided under Article 62, paragraph (1) or under Article 67, paragraph (1), is free of charge, except for entrance-examination fees, registration and re-registration fees, and fees for repeating graduation or degree examination. Fees may also be charged for extra-curricular teaching activities requested by students and approved by the professorial board of faculty. Fee rates and fee exemptions are decided by university senates.Article 59
(1) Secondary-school graduates with a baccalaureate diploma may contest admission to university education. The entrance contest is organized by each higher-education institution, on the basis of the general criteria decided by the Ministry of Education. There may be organized two admission contests.(2) Secondary-school graduates who won awards at international school contests, or at continental, world, or olympic arts or sports competitions during the two years preceding graduation may enroll in a university institution without having to take an entrance examination to those faculties or specialized divisions where the examination includes the subject for which they got their award.(3) The enrollment quota in public university education is set by a Government decision every year, on the basis of prognostic studies, and of proposals from the senates of higher-education institutions.(4) Entrance conditions as well as universities' network and enrollment quotas in the public university system shall be made public at least six months before the beginning of an academic year.Article 60
(1) Teaching activity may be organized in the following forms: day (full-time), evening (part-time), and extramural. Evening and extramural programmes may be offered only by the education units that also give day programmes.(2) The period for evening and extramural education is one year longer than that provided for day (full-time) education.(3) Graduation diplomas or certificates issued by higher-education institutions for their accredited specialties are equivalent, regardless of the education form.(4) Students may train in two specialties simultaneously, as long as admission conditions are met. Such students are eligible for State scholarships for the maximum duration of their training in a field.(5) Graduates with a bachelor's degree may enroll in a second programme without having to pass an entrance contest, on such terms as the University Charter provides.Article 61
(1) Foreign students may also enroll in highe-reducation institutions, subject to legal provisions.(2) Foreign citizens who study in Romanian public higher-education institutions, excepting those who benefit by Romanian State scholarships, shall pay tuition fees, annually decided by a Government decision. Section 2 Short-term university educationArticle 62
(1) Short-term university education gives three-year programmes, except for the case provided in paragraph (2) of Article 64, and is organized in university colleges, within long-term university institutions.(2) University colleges are established by the Ministry of Education, upon the proposal from the senate of a higher-education institution.Article 63
(1) Admission to university colleges is effected on the same criteria as for long-term university education.(2) Short-term university education ends with a graduation examination organized according to the criteria set by the Ministry of Education and to the methodology worked out by university senates. Graduates are issued with diplomas stating their specific field of training.(3) Should students fail the examination specified in paragraph (2), the provisions of the present law are applicable.Article 64
(1) Teachers' colleges train preschool educators and primary school teachers who are also trained to teach a subject, such as a foreign language, music, drawing, or physical education, in middle schools.(2) The length of teachers' college programmes is two years for teachers' secondary-school graduates, and three years for other secondary-school graduates.(3) Parallel groups of classes are run within teachers' colleges, the curricula of which vary with the length of school programmes.Article 65
(1) University-college diploma holders may continue their education either in their field of training or in a related field by contesting admission to a long-term university institution up to the student-number ceiling set by the intaking higher-education institution senate for the current academic year. Eligibility criteria are set by longterm university institutions.(2) Successful candidates shall have to pass the examinations for the make-up programmes, decided by the professorial boards of faculties. After passing these examinations, the candidates shall be enrolled in the third year of long-term university education. Section 3 Long-term university educationArticle 66
(1) Long-term university education is provided in universities and other similar institutions, such as: institutes, academies, conservatories, in licensed or accredited faculties and specialties.(2) New faculties may be established subject to the Ministry of Education's approval, and their structure is decided by university senates.Article 67
(1) The length of full-time programmes in long-term university education, which varies with the field from four to six years, is set by a Government decision. Changes in the length of programmes may only be made beginning with the first year of studies.(2) Long-term university education ends with a bachelor's degree examination which includes a degree paper or project plus general and specialty tests. The organization criteria for the bachelor's degree examination are set by the Ministry of Education, and its methodology by university senates.(3) Graduates who pass their degree examination are issued with a degree in the respective field and specialty.(4) Graduates who fail their degree examination may be issued, on request, with a study certificate and with a copy of their registration certificate. They may try again to pass the examination, but no more than twice, within five years from graduation.(5) The name of the degree is decided by the Ministry of Education to conform with international standards.(6) The degrees issued by long-term university institutions until 1993 included, are the equivalent of bachelor's degrees.Article 68
(1) Students and graduates who opt for the teaching profession shall participate in the activities of the Teachers' Training Department.(2) The Department operates in higher-education institutions on the basis of rules, and has distinct education plans including theoretical and practical training subjects in the domains of pedagogy, psychology, logics, sociology, and specialty techniques. The Department is assisted by the relevant faculties in the performance of its activities.(3) Student training provided under paragraphs (1) and (2) is such as provided for elective teaching activities. The Department's academic plans are integrated into those of relevant faculties.(4) Students graduating from the Teachers' Training Department are issued with graduation certificates that qualify them for teaching positions.(5) University-education graduates may teach only if they produce evidence of having been properly trained in the subjects specified in paragraph (2), or shall take this training within the first three years from employment.Article 69
Clinical activities of public medical higher education are organized in attested public health units of the Ministry of Health or of the other ministries with a health network of their own. The organization and operation methodology for these activities is developed by the Ministry of Education and by the Ministry of Health. Section 4 Postgraduate educationArticle 70
(1) Postgraduate education provides specialization or further training in the field attested by the bachelor's degree or graduation diploma, as the case may be.(2) Postgraduate education is given in purposefully licensed higher-education institutions and postgraduate schools by way of master programmes, doctoral programmes, postgraduate academic courses, specialist courses, and further training courses.Article 71
(1) Enrollment in postgraduate education is effected:a) on the basis of a contest, for master programmes, doctoral programmes, and postgraduate academic courses;b) on request, for specialist courses and further training programmes.(2) The enrollment quotas for master programmes, doctoral programmes, and postgraduate academic courses are subject to the approval of:a) higher-education institutions' senates, for fee-charging programmes or those subsidized from other sources than those granted from the State budget;b) the Ministry of Education, for the programmes subsidized from the State budget.Article 72
(1) Graduates holding bachelor's degrees may attend one-year or two-year master programmes.(2) The entrance examination for master programmes is organized on the basis of the criteria set by the Ministry of Education.(3) Enrollment quotas and the network of education institutions offering master programmes shall be approved by the Ministry of Education.(4) Master programmes end with a dissertation. Graduates are awarded a magister/master degree.(5) Master students benefit by free tuition and scholar-ships, in conformity with the law.Article 73
(1) Doctoral programme constitutes a higher-education and research form.(2) Graduates holding a bachelor's degree awarded by long-term university institutions may contest admission to doctoral programmes.(3) Professors or senior researchers of rank 1 with a doctor's degree may be directors of doctoral programmes.(4) Nominations for directorships of doctoral programmes are made by the National Council for the Attestation of Academic Degrees, Diplomas, and Certificates, upon the proposal of the programme-giving institutions, and the right to direct doctoral programmes is conferred by an order of the Minister of Education.(5) Doctoral programmes, whether full-time or part-time, are offered by such higher-education or research institutions as the Ministry of Education has approved upon the proposal of the National Council for the Attestation of Academic Degrees, Diplomas, and Certificates, on the basis of the accreditation criteria regulated for this purpose.(6) A doctoral programme ends with a thesis defended in public and assessed by a panel of experts nominated by the organizing institution's governing board, advised by the National Council for the Attestation of Academic Degrees, Diplomas, and Certificates, and approved by the Minister of Education. The panel consists of a chairman, the director of the doctoral programme, and five official referees, specialists having an outstanding scientific activity, with a doctor's degree in the field concerned, four of which should not be employed by the institution offering the doctoral programme. Official referees shall be paid for their contribution in conformity with the norms set by the Ministry of Education.(7) Doctor's degrees are awarded by the management of the organizing institution, and confirmed by the National Council for the Attestation of Academic Degrees, Diplomas, and Certificates, attached to the Ministry of Education. Doctoral diplomas are issued by the accredited institution, on the basis of an order of the Minister of Education.(8) The organization and operation of doctoral programmes are regulated by a Government decision.Article 74
(1) Postgraduate academic schools for bachelor-degree holders may be set up attached to higher-education institutions. Postgraduate academic schools may be established, by law, as independent institutions too, in foreign countries included.(2) Postgraduate academic schools offer two-year or three-year programmes which end in a degree examination. Graduates are issued with a diploma in a postgraduate academic programme.(3) Graduates of postgraduate academic schools may contest admission to a doctoral programme in the specialization acquired.Article 75
(1) Graduates holding a bachelor's degree may take specialist postgraduate programmes, the length of which may vary with the field but it shall not be under one year. The duration of the programmes is proposed by university senates and approved by an order of the Minister of Education.(2) Specialist programmes end with a dissertation or examination. Graduates are issued with a postgraduate specialist certificate.Article 76
(1) Further-training postgraduate courses may be attended by bachelor-degree holders, and their duration is one year at the most, depending on the field of interest. The courses' duration is decided by the university senate.(2) The teaching staff in the pre-university education who graduated from either short-term or long-term university programmes shall periodically attend further-training courses to improve their specialist, methodical, and psychopedagogical skills, in conformity with the norms set by the Ministry of Education.(3) Further-training postgraduate courses end in an oral examination. Graduates are issued with a graduation certificate.Article 77
In order to organize the postgraduate training programmes provided in Article 74, the higher-education institutions may enter into partnership with similar institutions and with Romanian or foreign economic agents, in which case the academic and organizational structures, as well as their operation and financing are subject to the approval of the Ministry of Education, upon the proposal of the initiating higher-education institution.Article 78
(1) Postgraduate education is financed from fees or other sources, unless the law provides otherwise.(2) State scholarships for postgraduate education are granted on the basis of a contest.Article 79
Postgraduate medical education is organized in specific forms under a Government decision, on the basis of a Ministry of Health-Ministry of Education joint proposal. Section 5 Higher-education researchArticle 80
(1) Research, technological development, designing, consulting, or appraisal activities are performed within the divisions, departments, or research units of higher-education institutions, as well as jointly with Romanian and foreign education and research institutions.(2) Research units are established with the consent of university senates.(3) Divisions, departments, and research units are staffed with teaching, research, and other personnel types.(4) Research activity is one of the criteria for teaching-staff professional evaluation, and may complement the teaching load, as the case may be.(5) Students may take part in the research work of divisions, departments, and research units, on a contract basis.(6) Research activities in higher-education institutions are organized and operate observing the rules endorsed by university senates.(7) For specific research activities, research institutes having legal personality may operate within the network of the Ministry of Education.(8) Research in higher education has free access to all the information and documentation services of libraries in the education system.Article 81
(1) Fundamental research programmes as well as other programmes of special interest are financed, on a contract basis, by the Ministry of Education from its annual allocations granted from the State budget, distinctly from the funds for instruction. Research contracts are financed competitively, on the basis of the evaluations made by the National University Research Council.(2) High-technology research programmes, applied research programmes, as well as designing, consulting, appraisal, and any activities other than those having the Ministry of Education as their beneficiary are financed from the State budget and from Special Research Fund allocated to other ministries, and from other sources, on the basis of contracts concluded directly with the beneficiaries of the respective research or other activities.(3) The research activity of the Ministry of Education's research institutes is financed from the State budget for its own programmes, and from other sources for programmes commissioned by third parties.Article 82
The net revenue generated by carrying out research programmes and designing, consulting, or appraisal activities is used, subject to the programme manager's consent and to the advice from the rector of the higher-education institution concerned, to expand its own research facilities, and to pay the staff who carried out the contract. Section 6 Structure of higher-education institutionsArticle 83
As a rule, the higher-education institution includes several faculties, university colleges, divisions, departments, as well as research, designing, and small-production units.Article 84
(1) The faculty represents the functional basic unit of the higher-education institution, and is composed of one or more specialized sections. The faculty is organized by divisions and departments. Teaching is carrying on by years (classes), series, groups, and subgroups.(2) Each faculty is a distinct entity by:a) its entrance and graduation conditions;b) its academic programmes;c) its fields of training or specialties.(3) The faculty includes the teaching staff and students, researchers and designers, support and administrative staff.Article 85
The university college is the functional unit under a higher-education institution or a faculty.Article 86
The division is a structure under a higher-education institution or a faculty, as the case may be, its functions including teaching, research, design, and small-production activities. Its organization is decided by the university senate.Article 87
The department is the structural basic unit of a faculty or division, as the case may be, which performs teaching and research activities. The department includes teaching staff, and research, designing, and support staff, as the case may be, in a discipline or class of disciplines.Article 88
Higher-education institutions or their components may set up and run - alone or jointly with other institutions - research units and centres, staff-training centres, small-production units, experimental groups, or other institutional structures. Section 7 University autonomyArticle 89
(1) University autonomy is the right of university community to manage itself, to exercise its academic freedoms without any ideological, political, or religious interferences, and to assume such competencies and obligations as conform with the national strategic options and lines for the development of higher education provided by law.(2) University autonomy is correlated with personal and public responsibility for the quality of the overall teaching and research activity of the higher-education institution.Article 90
(1) The university community is comprised of all the persons involved in teaching, research, and designing activity, as well as of the students of a higher-education institution.(2) The university community is assisted in its activity by support and administrative staff.Article 91
(1) University campus includes all buildings, grounds, facilities of any kind and for any purpose used by a higher-education institution, regardless of its legal claim to them.(2) The spaces and facilities owned by the Ministry of Health and by the ministries which have their own healthcare network where public medical higher education is provided shall be excepted from the provisions of paragraph (1).Article 92
(1) All the rights and obligations, as well as the norms regulating university community's life on its own campus are specified in the University Charter adopted by the senate of every higher-education institution, as the law provides.(2) University autonomy refers to institutional management, structuring, and operating, to teaching and research activities, to administration and financing.(3) University autonomy is basically exercised by: planning, organizing, performing, and improving the educational process; organizing research and documentation activities; deciding the fields for specialization; working out academic plans and analytical curricula so as to meet the national standards; admitting candidates to studies in observance of the Ministry of Education's general criteria; selecting and promoting the teaching staff and other personnel types; setting the criteria for the evaluation of teaching and scientific work; awarding teaching, scientific, and honorary degrees, according to law; deciding on the forms of postgraduate study confirmed by the accreditation of study programmes; outlining, jointly with the Ministry of Education and with other public authorities, economic agents, nationally recognized professional and employers' organizations, the fields that the diplomas and certificates issued by them may be used in; agreeing on the programmes of co-operation with other domestic or foreign higher-education and research institutions; electing all governing bodies by secret ballot; assessing material and financial requirements; settling the social problems of the university community; using the funds and managing them in compliance with the law; granting from its own funds study and research scholarships in addition to those otherwise provided by the law; ensuring order and discipline on the university campus; organizing and inspecting the operation of all economic-administrative services; identifying extra sources of income; organizing cultural and sports activities; establishing foundations; devising and using its own symbols and insignia.(4) Financially, university autonomy represents the right to manage, according to law and to personal liability, the funds allocated from the national public budget, or funds from other sources, including revenue in foreign-currency fees charged on foreign students on the criteria determined jointly with the Ministry of Education.Article 93
(1) Members of the university community are entitled to take part in the management of academic affairs; governing bodies are elected by secret ballot for a four-year term, in conformity with the University Charter.(2) Except for the rector, all elected bodies are confirmed by the university senate. The rector is elected by the senate and confirmed by an order of the Minister of Education. One person cannot be a dean or a rector for more than two consecutive terms of office. A rector may be revoked from office by the university senate through the procedure used for appointment.(3) The rector of an accredited public or private higher-education institution may be suspended from office by the Minister of Education, for justified reasons. The rector's revocation or his/her keeping in office shall be decided by the university senate, within 30 days at the most from the date when the suspension order has been communicated.Article 94
(1) The students shall be represented in the university senates and professorial boards of faculties in a proportion of one-fourth of total membership of these boards and senates, in compliance with the University Charter provisions.(2) The University Charter provides protection to the members of the university community for their professional activity and on the campus. Infringements of the university code of ethics are considered and settled by faculty professorial boards and senates.(3) Every member of the university community is under the obligation of observing the internal rules of the higher-education institution which conform with the University Charter.Article 95
Access to university campus is permitted only on such terms as the University Charter or the law provides.Article 96
At national level, university autonomy shows itself in the direct relationship between the rector of the higher-education institution and the Ministry of Education, and in the election of the institution's representatives in the professional organizations, as the law provides.Chapter 10 Military educationArticle 97
Military education is a public education and an integral part of the national education system, comprising: secondary education; post-secondary education for training military masters and non-commissioned officers; university education for training officers and experts; postgraduate education. The military staff may improve their training in distinct education institutions.Article 98
The organizational structure, fields of training, specialties, annual enrollment quotas, and selection criteria for admission to military schools are decided by the Ministry of National Defence, the Ministry of the Interior, the Ministry of Justice, the Romanian Intelligence Service, and by other institutions with national-security functions, according to the specific of each weapon and instruction level.Article 99
The curricula for military secondary, post-secondary, and university education are drawn up by the Ministry of National Defence, the Ministry of the Interior, the Ministry of Justice, the Romanian Intelligence Service, and by other institutions with national-security functions, being advised by the Ministry of Education.Article 100
Graduation diplomas issued by military education institutions and the scientific degrees acquired entitle their legal holders to claim positions equivalent with those held by graduates of civilian education institutions in a related field and of a similar level, when they are put in reserve.Article 101
Admission to and education process in military institutions of all levels shall be carried on in the Romanian language.Article 102
The Ministry of National Defence, the Ministry of the Interior, the Ministry of Justice, the Romanian Intelligence Service, and other institutions with national-security functions may issue orders, regulations, and instructions of their own, to apply the provisions of the present law to the specific of military education.Chapter 11 Private educationArticle 103
(1) Private education represents an alternative or a complement to public education.(2) Accredited private education institutions and units are a part of the national education and instruction system, and shall comply with the provisions of the present law.(3) Private education institutions and units enjoy organizational and operational autonomy, in conformity with the legal regulations for the organization and operation of the education system.(4) Accredited private education institutions and units may be supported by State.Article 104
Private education conforms with the law if:a) it is organized and run on a non-profit basis;b) it is organized on non-discriminatory principles and rejects anti-democratic, xenophobic, chauvinistic, and racist ideas, trends, and attitudes;c) respects national standards.Article 105
(1) Private pre-university education includes kindergartens, primary and middle schools, vocational and apprenticeship schools, secondary and post-secondary schools.(2) Kindergartens, primary and middle schools, as well as vocational and apprenticeship schools may be established if they are issued with a licence by the school inspectorate, on the basis of an evaluation documentation.(3) Secondary and post-secondary schools may be set up on advice from the school inspectorate and with the consent of the Ministry of Education, on the basis of an evaluation documentation.Article 106
(1) Evaluation criteria for private pre-university education relate to such basic organizational and operational fields as: teaching staff, content of education, physical facilities, and financial performance.(2) Standards refer to each criterion and specify the minimum acceptable levels in an evaluation process. These standards vary with the level of education, and are set by the Evaluation and Accreditation Commission for Preschool and Pre-University Education, which shall be founded and shall operate under the Ministry of Education, as provided by the rules approved by a Government decision.Article 107
(1) The accreditation of pre-university education units is a two-phase process:a) trust licensing, which gives a unit provisional organization and operation right;b) accreditation, which gives a unit full rights as the present law provides.(2) Accreditation shall be requested after the granting of the trust licensing, as follows:a) within four years at the most, for kindergartens and primary schools;b) after the first capacity examination, for middle schools;c) after the first baccalaureate examination, for secondary schools;d) after the first graduation examination, for vocational, apprenticeship, and post-secondary schools.Article 108
(1) Study programmes in private pre-university education are similar or alternative to those in public education, and include compulsory, elective, and optional disciplines, in compliance with national standards.(2) Analytical curricula shall meet the same requirements as study programmes.(3) Study programmes and curricula of private pre-university education which are similar or alternative to those in public education shall be approved by the Ministry of Education.Article 109
Enrollments in the study units of private pre-university education (classes, groups, subgroups) cannot numerically go beyond the maximum limits provided by the law.Article 110
(1) Teaching positions in private pre-university education are filled in conformity with the Statute of Teaching Staff.(2) The teaching staff of private preschool and primary education shall be employed on a full-time basis by the respective unit.(3) In private middle, secondary, and vocational schools at least 60 per cent of the teaching staff shall be employed on a full-time basis by the respective unit.(4) In private post-secondary schools at least 50 per cent of the positions created in conformity with the law shall be held by teaching staff employed on a full-time basis by the respective unit.(5) Teaching staff holding executive positions in private schools shall be employed on a full-time basis by the respective unit, and shall meet the requirements for managerial posts, as specified in the Statute of Teaching Staff.Article 111
The diplomas or certificates issued by private pre-university units established under the present law have the same value and effects as the study certificates issued by public schools, if graduates take their examination before lawfully appointed commissions.Article 112
Pupils enrolled in private education units may transfer to other private or public schools provided the intaking school agrees, and the requirements of the Ministry of Education are met.Article 113
Private higher-education institutions operate in conformity with the Law No. 88/1993 on the accreditation of higher-education institutions and diploma recognition, and observing the provisions of the present law.Article 114
In private education, tuition fees are set by each education unit or institution, in compliance with the law.Article 115
(1) The physical facilities of private education institutions and units shall meet educational and instructional quality standards viz. adequate education space - owned or rented; laboratories owned by the unit properly equipped for one year in advance, as compared with the current school year; library stocked with books owned by the unit, on adequate subjects and at a proper level.(2) In order to be accredited, an education institution or unit shall supply evidence that it invested at least 25 per cent of the revenue generated during its provisional operation in its own physical facilities.(3) Two school cycles after its accreditation, an education unit or institution shall provide evidence of owning at least 50 per cent of the education space, and of having invested at least 25 per cent of revenue in its own physical facilities, within the precedent period.Article 116
Private education institutions and units are subject to evaluation and inspection, as the law provides.Article 117
(1) Co-operative education is offered in units owned by co-operative societies.(2) Co-operative education is financed from the co-operative societies' own funds, tuition fees, and from other sources.(3) The Ministry of Education provides funds from the State budget to meet the payroll costs of teaching staff, except for practical-activity instructors.(4) The provisions of Article 115 of the present law are applicable to co-operative education units.Chapter 12 Education for persons belonging to national minoritiesArticle 118
The persons belonging to national minorities have the right to study and receive instruction in their mother tongue, at all levels and forms of education, according to the present law.Article 119
(1) Taking into account local needs, groups, classes, sections, or schools teaching in the language of national minorities may be established, upon demand and in conformity with the law.(2) Paragraph (1) of this Article shall be implemented without prejudicing the learning of the official language and the teaching in this language.Article 120
(1) Romanian Language and Literature are taught in primary schools according to curricula and from textbooks specially conceived for the respective minority. In middle schools and in secondary schools, Romanian Language and Literature curricula and textbooks are the same as for the classes where tuition is offered in Romanian.(2) In middle schools and in secondary schools, Romanian History and Geography of Romania are taught in Romanian, on the basis of the same curricula and from the same textbooks as for the classes where tuition is offered in Romanian. Examination in these subjects is taken in Romanian. In primary schools, these subjects are taught in the mother tongue.(3) In the curricula and textbooks on Universal History and Romanian History there shall be reflected the history and traditions of the national minorities of Romania.(4) In middle-school education, there shall be provided, upon request, as a subject of study, History and Traditions of National Minorities, taught in the mother tongue. The analytical curricula and the textbooks for this subject are approved by the Ministry of Education.Article 121
Pupils belonging to national minorities that attend schools providing tuition in Romanian shall be granted, upon request and according to the legal provisions, the mother tongue and literature, as well as the history and traditions of the respective national minority, as a subject of study.Article 122
(1) In vocational, technical, economic, administrative, agricultural, forestry, mountain-agricultural public education, as well as in post-secondary education, specialist training is provided in Romanian, assuring also, as far as possible, the learning of the specialistic terminology in the mother tongue.(2) In public university medical education, within the existing sections, specialist training may continue to be provided in the mother tongue, with the mandatory learning of the specialistic terminology in Romanian.Article 123
In public university education, sections and groups with tuition in the mother tongue may be established, upon request and according to the present law, in order to train the necessary staff for teaching and cultural-artistic activities.Article 124
In the education at all levels, entrance and graduation examinations are taken in Romanian. Entrance and graduation examinations may be taken in the mother tongue for schools, classes, and specialization forms in which teaching is provided in the respective mother tongue, in accordance with the present law.Article 125
The Ministry of Education provides training and advanced training for teaching staff, in their teaching language, as well as textbooks and other didactic material.Article 126
In keeping with professional competence, there is ensured a proportional representation of teaching staff belonging to national minorities in the executive boards of educational units and institutions with classes, sections, and groups providing tuition in the languages of national minorities. TITLE III Content of educationChapter 1 Pre-university educationArticle 127
(1) The content of pre-university education is provided by study plans, analytical curricula, and textbooks.(2) Study plans include compulsory, elective, and optional subjects, as well as the number of hours required for each one of them. The share of elective and optional subjects is greater in the senior classes of the middle schools and secondary schools.(3) The analytical curriculum for each subject in the study plan sets its instructive-educative and formative objectives, and emphasizes the theoretical, experimental, and applied fundamentals, providing methodological guidelines for their achievement.Article 128
(1) The study plans and analytical curricula for pre-university education are approved by the Ministry of Education, upon proposals from the specialized national commission.(2) Only textbooks approved by the Ministry of Education shall be used in education units.(3) Alternative textbooks selected through national contests may be used by education units. A teacher has the right to recommend a particular textbook to pupils.(4) The specific objectives for the evaluation of the instructive-educative process at each education level are set by standards approved by the Ministry of Education.Chapter 2 Higher educationArticle 129
(1) In higher-education institutions, academic plans are prepared by faculties or divisions, and discussed by their boards, before they are approved by university senates and advised by the Ministry of Education for agreement with national standards. Academic plans may be modified only beginning with the first year.(2) Analytical curricula are developed by the titular professors of disciplines, and are approved by the respective department or division.Article 130
Academic plans and analytical curricula may also have a modular structure, depending on the specific of faculties and specialties.Chapter 3 Extra-curricular activitiesArticle 131
(1) At all levels of educational organization, the content of instruction and education is complemented by extra-curricular activities.(2) Extra-curricular activities are organized by schools, clubs, children's and pupils' palaces, county administrations of school camps, management boards of school camps, sports, tourist and recreational centres, and by other entities fostering complementary activities, with family and other interested bodies' support.(3) Extra-curricular activities are scientific, cultural, artistic, humanitarian, environmental, moral-civic, engineering, sporting, or tourist in substance, and recreational in character.(4) The National Palace of Children and Pupils in Bucure�ti under the Ministry of Education, as well as county children's palaces under school inspectorates also have a methodological role for extra-curricular activities.Article 132
(1) The structure and functions of units specialized in extra-curricular activity are specified in the rules approved by the Ministry of Education jointly with the Ministry of Youth and Sport.(2) The Ministry of Education, through the school inspectorates, provides and inspects the implementation of the objectives of the extra-curricular education and instruction.Chapter 4 Permanent educationArticle 133
To put the conditions for permanent education in place, the Ministry of Education takes action, jointly with the Ministry of Culture and other ministries concerned, as well as with the mass media, religious denominations, people's universities, cultural foundations, and other societies and institutions, to give the citizens in every age bracket better access to science and culture so that they can adjust to major changes occurring in social life.Article 134
The Ministry of Education, through its units and institutions, provides specialistic assistance on a contract basis to initiators of adult-training schemes as part of the permanent education and retraining systems, or may initiate such schemes itself.Article 135
(1) Ministries, self-managed public companies, trading companies, other natural or legal persons, may organize, jointly with education institutions or separately, adult training and refresher courses to improve the qualifications of their present or future employees, or to retrain them.(2) The courses organized as provided in paragraph (1) are not certified by the Ministry of Education, except for the retraining courses given jointly with the Ministry of Labour and Social Protection to the unemployed for their social protection and professional reintegration. Should such courses be given on the basis of programmes advised by the Ministry of Education, their graduates shall be issued with qualifying certificates recognized by the Ministry of Education.Article 136
(1) Open or distance education institutions and networks using modern data transmission and processing technology may be developed, with the Ministry of Education's consent, for adult training, as well as for the attainment of specific objectives of the education system.(2) The expenditure incurred by this education system is financed by beneficiaries and by the institutions concerned.Chapter 5 Libraries in the education systemArticle 137
(1) The education system has a specialized library network as its integrant part: central university libraries and teachers' libraries which are legal persons directly subordinated to the Ministry of Education; libraries of higher-education institutions, of faculties, colleges, divisions, departments; libraries of teaching-staff houses; school libraries.(2) The libraries provided under paragraph (1) operate by rules approved by the Ministry of Education.(3) Libraries in the education system may set up, jointly with the Ministry of Culture and subject to the Ministry of Education's consent, special sections, as well as other structures that may be considered useful for adult independent study.Article 138
Long- and short-term university training of librarians in the education system is provided by the Ministry of Education, and the improvement of their qualifications is also co-ordinated by the Ministry of Education.Article 139
The Ministry of Education co-ordinates the activity of the library network in the education system. TITLE IV Management of educationChapter 1 Ministry of Education and other national bodiesArticle 140
(1) The Ministry of Education is organized and operates in conformity with the law.(2) The Ministry of Education, in fulfilment of its functions, establishes expert structures and relies on national consultative bodies set up on professional and ethical criteria: the National Council for Education Reform, the National Council for the Attestation of Academic Degrees, Diplomas, and Certificates, the National Higher-Education Funding Council, the National Higher-Education Research Council, the National Council of Libraries, the National Council of Rectors, and national commissions specialized by fields. The Ministry of Education also consults national scientific societies of teaching staff and student organizations nationally recognized, as the case may be, as well as the union organizations of the teaching staff belonging to the respective branch.(3) The National Council for the Attestation of Academic Degrees, Diplomas, and Certificates is established by the Ministry of Education to acknowledge academic degrees, diplomas, and certificates. Membership of the Council includes university professors, scientific, cultural, and moral personalities widely respected inside the country or outside it. They are generally selected from university-senate nominations. The Council operates in conformity with its own rules subject to the Ministry of Education's approval.(4) The School and University Sports Federation attached to the Ministry of Education is an autonomous legal person. Its activity is jointly guided by the Ministry of Education and the Ministry of Youth and Sports.Article 141
The Ministry of Education manages the national education system, its basic functions being:a) to co-ordinate and inspect the national education system;b) to organize the public education network and to propose enrollment quotas to the Government, in consultation with education units, local authorities, and economic agents concerned, on the basis of forecasts;c) to approve study programmes, analytical curricula, and textbooks for pre-university education;d) to call national contests for textbooks, and meet their printing costs;e) to co-ordinate research activities in education;f) to develop the framework-methodology for entrance examinations in higher education;g) to approve establishment of secondary schools, postsecondary schools, colleges, and faculties;h) to approve the rules for the organization and operation of subordinated units in conformity with the law;i) to make diagnoses and forecasts for education restructuring and modernization, and to help improving the legal framework;j) to account for the development, homologation, and distribution of teaching means; to expand and modernize didactic physical facilities of education;k) to identify and properly train highly capable pupils;l) to provide the enrollment of children and young persons with physical, sensory, mental, or associated disabilities in special schools, as well as their adequate psychopedagogical assistance;m) to analyze social protection in the education system and to propose appropriate measures to the Government and to relevant local public authorities;n) to co-ordinate the activity of university libraries under its control;o) to be responsible for teaching-staff training and improvement;p) to co-ordinate so as the law provides the appointment, transfer, dismissal, and situation of the teaching staff, managerial, guidance, and inspection staff, and of the support staff, in the public education system and its subordinated units;r) to account for the evaluation of the national education system;s) to formulate and implement medium- and long-term instruction and education reform strategies;t) to develop, jointly with the Ministry of Foreign Affairs, a strategy of collaboration with other states and international bodies specialized in education;u) to co-operate on the basis of protocols with the states where persons of Romanian nationality or origin live, in order to promote and carry on education in their mother tongue;v) to work out specific norms for school buildings and their equipment;w) to conclude agreements and conventions with other states, for the recognition and equivalence of study credits and diplomas;x) to decide the structure of the school year, examination sessions, contest time, and school holidays for the public pre-university education;y) to develop and monitor the structure evaluation system for pupils and students;z) to verify compliance with the financial-accounting, budgetary execution, and administration norms regarding the patrimony of the national public education system.Chapter 2 School inspectoratesArticle 142
School inspectorates are specialist bodies subordinated to the Ministry of Education with the following main functions:a) to monitor organization and operation of the pre-university education network, and to inspect schools;b) to ensure compliance with the law in the organization, management, and provision of education;c) to set up public education units - kindergartens, primary schools, middle schools, vocational schools, and apprenticeship schools -, with the consent of the Ministry of Education;d) to propose to the Ministry of Education the school network under their jurisdiction;e) to ensure, jointly with local public administration bodies, school attendance for the duration of compulsory education;f) to ensure that school units are adequately staffed with teachers, in conformity with the provisions of the Statute of Teaching Staff;g) to organize and guide the teaching staff's further training, research work, and other complementary activities in pre-university education;h) to assure, jointly with local public bodies, the utilization, expansion, and protection of didactic physical facilities in the education units;i) to co-ordinate entrance and graduation examinations in education units, as well as school contests;j) to monitor all pre-university education activities and services provided by economic agents, foundations, associations, religious denominations, and other natural or legal persons in the area under their jurisdiction; to identify any infringements of the legal provisions and take such measures as the law provides;k) to co-ordinate the activity of libraries in the education units under their subordination;l) to co-ordinate and monitor the activity of the Teaching-Staff House.Article 143
(1) The structure of school inspectorates is decided by the Government, upon the Minister of Education's proposal.(2) In the counties where tuition is also given in the languages of national minorities, school inspectorates include inspectors for this kind of education, too.(3) Extra-curricular activity units and units related to pre-university education are subordinated to school inspectorates.(4) A school inspectorate has an administration council and an advisory board. The administration council is comprised of the general school inspector, assistant general school inspectors, specialized inspectors, the director of the Teaching-Staff House, the chief accountant and the legal adviser of the school inspectorate. The general school inspector is by law the president of the administration council. The advisory board is composed of directors of education units, other prominent teaching staff and representatives of parents, local administration bodies, religious denominations, and of economic agents. The chairman of the advisory board is elected from its membership by secret ballot.(5) Periodically, school inspectorates call county conferences of the pre-university teaching staff by subjects, their role being consultative, participatory, and methodological.Article 144
(1) The general school inspector, the assistant general school inspectors, and the director of the Teaching-Staff House are appointed by an order of the Minister of Education, on the basis of professional and management expertise criteria.(2) School inspectors are appointed by the general school inspector, on the basis of a competition and of the professional and management expertise criteria, generally for a four-year period.(3) Competitions are held on the basis of a methodology prepared by the Ministry of Education.Chapter 3 Management of public education units and institutionsArticle 145
(1) Pre-university education units are managed by directors assisted by deputy directors, if necessary. In discharging their managerial duties, directors rely on professorial board and on administration council. These operate on rules drawn up by the Ministry of Education.(2) The professorial board of an education unit, which makes decisions on instruction and education matters, includes teaching staff of the respective unit, and is chaired by the director.(3) The administration council of an education unit, which makes administrative decisions, has a membership of at least five but no more than eleven; it includes the director of the unit, the deputy director, the chief accountant, teachers elected by the professorial board, as well as representatives of parents and of local public administration. The administration council also includes representatives of economic agents that provide the physical facilities for practical school activities. The director of the education unit is the chairman of its administration council.(4) A preschool or primary education unit affiliated with another education unit shall elect one or two teachers to the latter's administration council.(5) One or two pupils shall also be included on the administration councils of secondary and post-secondary schools.(6) The directors and deputy directors of preschool, primary, middle, and vocational education units, as well as the deputy directors of secondary and post-secondary schools are appointed by the general school inspector.(7) The directors of secondary and post-secondary schools are appointed by an order of the Minister of Education, upon the proposal of the general school inspector.(8) While the Minister of Education appoints the directors of extra-curricular activity units directly under the Ministry of Education, it is the general school inspector who appoints the directors of the similar units which are subordinated to the school inspectorate.(9) The directors and deputy directors of the school units referred to under paragraphs (6) and (7) are appointed on the basis of professional and management expertise criteria for a four-year term of office, as a rule, from nominations made by the respective professorial boards. The appointment methodology shall be determined by the Ministry of Education.Article 146
Higher-education institutions are governed by senates, and faculties and divisions, by professorial boards. Senates are chaired by rectors, faculty boards by deans, and division boards by directors. The functions of and the relations between these bodies are determined by the University Charter. Senates as well as faculty and division boards may take their decisions by a majority of their attending members provided they account for at least twothirds of total membership.Article 147
The current affairs of a higher-education institution are run by the senate board, which includes: the rector, pro-rectors, the scientific secretary, the general administrative director, and the representative of the student organizations legally set up at the institution level. The senate board is chaired by the rector.Chapter 4 Evaluation in educationArticle 148
(1) It is the Ministry of Education, through specialist institutions and bodies, that evaluates education, as a system and a process, on the basis of rules approved by an order of the Minister of Education.(2) University and postgraduate programmes are evaluated through specific forms, in conformity with the law and with the norms of university autonomy.(3) Rating in the national education system is basically on a scale from 10 to 1.Article 149
The Ministry of Education provides the periodical evaluation of the professional and methodological level of teaching-staff training.Article 150
(1) At the end of each school year, the general school inspector draws up a report on the state of education in the respective county or in the Municipality of Bucure�ti respectively; this report is sent to the Ministry of Education, prefect's office, county council, local councils, and to all education institutions in the respective county or in the Municipality of Bucure�ti respectively.(2) At the end of each academic year, the rector of every higher-education institution draws up a report on the situation of the respective education institution, which is sent to the Ministry of Education, prefect's office, and county council, or to the Municipality of Bucure�ti respectively.(3) The Minister of Education presents to Parliament an annual report on the situation of the national education system, by October 15. At the same time, a presentation is made of the guidelines and development priorities for preuniversity and higher education. The annual report is made public. TITLE V Human resourcesChapter 1 Personnel in the education system. Pupils and studentsArticle 151
(1) The personnel in the education system is composed of teaching staff, research staff, support teaching staff, and administrative staff.(2) The teaching staff includes:a) educators - in preschool education;b) teachers - in primary education;c) tutors - in preschool and primary education;d) masters-instructors - in middle school, vocational, secondary, and post-secondary education;e) teachers - in middle school, vocational, secondary, and post-secondary education;f) junior assistant lecturers, assistant lecturers, lecturers (work guide), readers, professors, and consulting professors - in higher education.(3) The education system may employ associate teaching staff.(4) The research staff is integrated in departments, divisions, research, and small-production centres or units.(5) Support teaching staff are employed in all grades of education, their definition being specified in the Statute of Teaching Staff.Article 152
Teaching positions by kinds and types of education, as well as the terms on which they may be assigned are laid down in the Statute of Teaching Staff.Article 153
(1) The teaching load in pre-university education is regulated by the Statute of Teaching Staff.(2) The teaching load for specific fields of training, and for education units in remote areas or for small classes of pupils is regulated by the Ministry of Education.(3) The teaching load for university and postgraduate programmes is regulated by the Statute of Teaching Staff.Article 154
(1) In public and private education the teaching positions are assigned on the basis of a contest. The terms for executive positions are provided in the Statute of Teaching Staff.(2) Contests for teaching positions are open. Any person may enter a contest provided he/she meets the terms stipulated in the Statute of Teaching Staff.(3) Competitive assignments to public pre-university education teaching positions shall be confirmed by school inspectorates, at the proposal of examining commissions.(4) Competitive assignments in university and postgraduate education are subject to the approval of faculty professorial boards, at the proposal of examining commissions by roll-call vote, and to the confirmation by university senates in the same way. Readership and professorship shall be certified by the National Council for the Attestation of Academic Degrees, Diplomas, and Certificates. The certification provides the basis for the Minister of Education to issue an order to award the titles of reader and professor.(5) The candidate for a didactic position involving teaching a language other than the one he/she has studied in university shall take a test of knowledge on that teaching language, before a specialistic commission.Article 155
The Ministry of Education shall ensure the training and further improvement of training of the teaching staff in the national education system, and shall set, by way of specialistic bodies, national standards for the teaching staff quality.Article 156
(1) The rights and duties of the teaching staff are laid down in the Statute of Teaching Staff and in the University Charter.(2) Should natural or legal persons in the education system disagree with the decision of an authority, they may exercise their right of appeal by applying to the next higher body of the contested authority.Article 157
(1) Corporal punishment is forbidden in education institutions and units.(2) The teaching staff who use such methods shall be subject to an administrative penalty, or they shall face the law, depending on the seriousness of the offence.(3) The rights and duties of pupils are established by rules drawn up by the Ministry of Education, and those of students are written down in the University Charter and in the rules of higher-education institutions.Article 158
(1) Study units in pre-university education include groups, classes, or grades. An average of 15 pre-schoolers, but no less than 10 and no more than 20, make up a group; the primary-education class has an average of 20 pupils, but no less than 10 and no more than 25; middle-school class has an average of 25 pupils, but no less than 10 and no more than 30; the class or grade in vocational, secondary, and post-secondary education has 25 pupils on average, but no less than 15 and no more than 30.(2) Special situations regarding school grades or pre-school senior groups with below-limit enrollments are approved by the Ministry of Education.Chapter 2 Improving teaching-staff qualificationsArticle 159
Improving the qualifications of pre-university teaching staff is a right in the national education system, and is basically achieved by:a) methodical and psychopedagogical activities within departments and specialized bodies of education institutions;b) conferences, seminars, panel discussions, or other specific ways of professional training at interschool, county, national, or international level. Such actions may also be taken jointly with teaching-staff scientific societies;c) courses of study in a particular field, or for methodological and psychopedagogical training, or qualifying tenurial positions, or for a teaching rank, in conformity with the law.Article 160
The Ministry of Education co-ordinates and funds the further training of the teaching staff in pre-university education, which is effected in:a) higher-education institutions through the faculties, divisions, and departments, for specialistic training;b) higher-education institutions through the teachers' training divisions or departments, for methodological and psychopedagogical training;c) teachers' colleges and secondary schools, for the specialistic, methodological, and psychopedagogical training of preschool and primary teaching staff.Article 161
Training programmes for teaching staff end with an oral examination. Training evaluation is made through grades.Article 162
(1) Teaching-staff houses are documentation centres, as well as places where refresher courses and scientific, methodological, and cultural activities are organized.(2) The teaching-staff house organizes the teaching methodologists' corps, including highly competent teaching staff for each discipline. They assist the teaching-staff training divisions or departments of higher-education institutions in improving the qualifications.Article 163
In order to train and improve the skills of the managerial, guidance, and inspection teaching staff, the Ministry of Education creates and co-ordinates centres and other institutionalized forms with such specific functions.Article 164
Improvement of teaching-staff training in public higher education is financed by the Ministry of Education through the budgets of education institutions, and is achieved by:a) documentation and experience-exchange programmes at national and international level;b) specialization and interuniversity co-operation programmes, in Romania and abroad;c) postgraduate programmes so organized as the present law provides;d) research programmes, achieved in Romania or through international co-operation;e) educational, scientific, technological, and artistic innovation and creation.Article 165
The training of the support teaching staff in the entire national education system shall be improved in conformity with Article 160. TITLE VI Physical facilities and financing of public educationArticle 166
(1) Physical facilities of public education are composed of all the patrimonial assets of the Ministry of Education, of the education and research institutions and units in the education system at the time when the present law comes into effect, as well as of the restored property or subsequently acquired assets.(2) For the purpose of paragraph (1), physical facilities of education include: education and research space, related education and research means, libraries, printing presses and publishing houses, teaching and research stations, small-production units, school workshops, teaching farms, botanical gardens, farmland, residence halls, boarding schools, cafeterias, pupils' clubs, student houses of culture, teaching-staff houses, university houses, school camps, culture centres and sports grounds, children's and pupils' palaces, recreational and treatment centres, residential spaces, as well as any other asset assigned to education and to its employees.(3) The physical instruction and education facilities referred to in paragraph (2) and built from State funds or financed by State-owned institutions and enterprises, prior to December 22, 1989, shall be restored to the ownership of the Ministry of Education, of education and research institutions and units in the public education system. Likewise, the Ministry of Education shall be reinstated to ownership of its buildings which have become the property of trading companies under paragraph 2 of Article 20 of the Law No. 15/1990. Reinstatement shall be effected without compensation, within 60 days from the publication of the present law.(4) Public higher-education institutions are by law the owners of their physical facilities; until a law on State's public and private property is enacted, the physical facilities of pre-university education units shall remain the property of the Ministry of Education, except for school units organized jointly with economic agents.(5) No building or land area for education and instruction purposes shall be transferred unless it has been approved by Government upon the Minister of Education's proposal. Such transfers shall be free and only in the public interest.(6) Unused assets in the public education system may be leased on the basis of a contract which shall be revised every year, subject to the consent of the Ministry of Education.Article 167
(1) The Ministry of Education, through school inspectorates, provides administration and operation of all school units in the pre-university education.(2) The repair and maintenance costs of physical and didactical facilities of pre-university education units are financed by county and local councils from specific funds granted from the State budget, from local budgets, as well as from their own resources.(3) The relevant ministries, public authorities, and economic agents concerned make their contribution, on a contract basis, to the maintenance, expansion, and modernization costs for the material and practical activity facilities of vocational, secondary, and post-secondary education units in the respective domain.(4) The Ministry of Education ensures the necessary funds from the State budget for the administrative and support teaching staff payroll costs in public education institutions and units, as well as for their operational expenditure.(5) The funds from the State budget allocated to the Ministry of Education are distinctly distributed by kinds, levels, and forms of education.Article 168
(1) Primary and middle schools in rural areas and off-city limits, as well as agriculture, mountain agriculture, forestry, and teachers' secondary schools, which do not own plots of land outside the city shall be given, in order to constitute the experimental didactical plot, tenure of: one hectare for primary schools, two hectares for middle schools, three hectares for teachers' secondary schools, and at least ten hectares for agriculture, mountain agriculture, and forestry secondary schools, in arable equivalent.(2) The experimental plots of land provided under paragraph (1) are assigned to school units, on request, either from the farm or woodland area that used to be their property, or from the localities' reserve land available to local councils, as the case may be.(3) Should no land be available within the area of locality as paragraph (2) specifies, the respective surfaces shall be assigned from such land as is owned by local public authorities or administered by the National Rural Development and Planning Agency.(4) Reinstatement of property right at the school units provided in paragraph (1), restoration to ownership, and delivery of land titles are effected by local and county commissions that give effect to the Law No. 18/1991, on land fund.Article 169
(1) Public education is financed from the State budget with the equivalent of at least 4 per cent of the gross domestic product, in consideration of the following requirements:a) the development of education shall be a national priority, for the training of human resources to international standards;b) the professionalization of human resources shall match labour-market diversification;c) higher education and university research shall develop to foster top-level integration within the world scientific community.(2) The education financing system ensures the decentralization of fund management, allowing local communities to step in and make additional allocations for education.(3) Education institutions and units may mobilize additional sources of revenue acquired within legal terms, such as: own revenue, subsidies, grants, sponsorship money, and fees from legal and natural persons. The revenue from these sources are managed and fully used by the institution, as no payment is due to the State budget, and State-budget allocations remain unaffected.(4) The allocations for education are distributed to higher-education institutions and to school inspectorates. School inspectorates distribute the funds received to each local education unit through tertiary subordinated official persons entitled to authorize credits. In making allocations to public higher-education institutions, the Minister of Education takes into account the proposals of the National Higher-Education Funding Council, which has consultative status, especially for external financing. The National Higher-Education Funding Council also proposes the criteria and mechanisms necessary for granting scholarships and other forms of financial support.(5) The basis for the calculus of allocations to each education unit and institution is the quantum of the Statebudget percentage per preschooler, pupil, or student, in respect of level and specifics of training, and of other indicators specific for education, especially those concerning the quality of education.(6) Higher education is allocated a distinct research fund from the aggregate research budget. Funding for research is allocated on competitive criteria, and depends on national priorities, and past or expected performance. The competition for research finance is open to all accredited higher-education institutions. Research funding is allocated by the Ministry of Education at the proposal of the National Higher-Education Research Council. The Council has its own staff, integrated into the Ministry of Education.(7) Allocations for investment in new objectives and equipment are made separately and depend on the strategic priorities for education development. All accredited education institutions and units are eligible for these funds, in conformity with the law.(8) The annual balance sheets of education institutions and units shall be made public.Article 170
(1) Full-time pupils and students of public schools may be granted merit scholarships and study scholarships.(2) Pupils and students may also be granted scholarships for social support, scholarships from economic agents or other legal or natural persons, on a contract basis, as well as study loans extended by banks on such terms as the law provides.(3) Scholarship funds shall be distributed to school inspectorates and to higher-education institutions by the Ministry of Education, proportionally with the number of full-time pupils or students, of postgraduate students respectively.(4) General eligibility criteria for scholarship are decided by the Ministry of Education jointly with the Ministry of Labour and Social Protection. The specific criteria for merit, study, and social-support scholarships are determined by the administration boards of school inspectorates and by university senates, on an annual basis, in respect of the size of allocations and of the pupils' and students' performance of all their school and academic activities. Scholarships granted to pupils and students may be subject to indexation. The minimal quantum of students' scholarship shall cover the accommodation and meal expenditure.(5) Foreign pupils and students may be granted scholarships, subject to the legal provisions.(6) Every year the Ministry of Education confers threeyear and four-year scholarships for doctorate to the institutions offering doctoral programmes. Such scholarships are obtained through a contest, at higher-education institutions level. The professional rights and obligations of scholars are those of a junior assistant lecturer.(7) Every year the Ministry of Education confers scholarships for university and postgraduate study trips abroad, from purposefully created funds. They are awarded competitively, on a national basis.(8) The competitions for the scholarships provided under paragraphs (6) and (7) are open to students and graduates of public higher-education institutions and of accredited private higher-education institutions.Article 171
(1) Maintenance costs of boarding schools, residence halls, and cafeterias destined to pupils and students shall be met from the respective education units' and institutions' own revenues; they shall be complemented by State-budget and local-budget subsidies.(2) Public higher-education institutions shall meet the food, accommodation, and transport costs incurred by the students' practical activities outside the university centre for the duration specified in education plans.(3) The know-how and construction materials for public and accredited private education units, as well as purchase of equipment, books, periodicals, and facilities for teaching purposes shall be exempted from VAT and customs duties.Article 172
Textbooks for public preschool, primary, and middle-school education shall be provided free of charge. Pupils enrolled in vocational and secondary schools whose parents make a monthly income per family member that is equal to or below the minimum gross national wage shall have the same right.Article 173
Preschoolers, pupils, and students shall be given free medical care and psychological assistance in school medical and psychological offices, or in State-owned polyclinics and hospitals.Article 174
(1) Pupils and students shall benefit by half the regular fare rate on the local public road and subway transportation network, as well as on the domestic motor, railway, and naval transportation network, during the whole calendar year.(2) Orphan pupils and students or those who have resided in orphanages shall benefit by free fares on the transportation categories provided under paragraph (1).(3) Pupils and students shall be admitted at half the regular rates to museums, concerts, theatres, operas, films, other cultural and sports events organized by public institutions.(4) Pupils and students enrolled in accredited private education institutions shall also benefit by the facilities provided under the present Article.(5) Ethnic Romanian pupils and students beyond the country's borders who are Romanian State scholars shall benefit by free admission to all the events provided in paragraph (3).Article 175
(1) Extra-curricular activities - scientific, technical, cultural-artistic, and sporting -, as well as those for exceptionally gifted pupils shall be financed from the national public budget, according to the norms elaborated by the Ministry of Education. Other sources of financing may be used for this purpose, too.(2) The provisions of paragraph (1) are also applicable to pupils' and students' creation, sports, and recreational camps.Article 176
Education institutions and units may accept Romanian and foreign donations, as the law provides, if they serve the educational policy of the national education system, and are not against the interests of the Romanian State. TITLE VII Transitory and final provisionsArticle 177
(1) Infringements of the present law shall entail material, disciplinary, contravention, or criminal liability, as the case may be.(2) Preventing duly qualified persons to inspect education institutions and units may be a disciplinary or administrative offence, or a crime, depending on circumstances. The offence or crime shall be ascertained, and punishments shall be enforced by duly empowered authorities.Article 178
(1) The parent or the legally appointed guardian has the right to choose the form and type of the minor's education.(2) The parent or the legally appointed guardian shall take steps for ensuring the child's attendance of compulsory school. Failure to observe this provision through the fault of the parent or of the legally appointed guardian shall be an offence, and shall be punished with fines from 100,000 lei to 500,000 lei.(3) The offence shall be ascertained, and the fine shall be enforced by the authorities provided under paragraph (2) of Article 177.Article 179
The provisions of the present law shall be complemented by the legal provisions for the ascertainment and punishment of offences.Article 180
The parent or the legally appointed guardian shall decide upon the right of the minor to attend school in Romanian or in the language of a national minority.Article 181
Until the Law on the Statute of Teaching Staff comes into effect, teaching loads remain at the 1994 level, as they have been provided by the Government Decision No. 283/1993.Article 182
Education units providing tuition as specified in paragraph (1) of Article 122 shall continue to operate on the basis of current programmes until all the classes enrolled by the time when the present law comes into force have graduated.Article 183
Until a special law on the accreditation of private pre-university education units is elaborated, evaluation criteria and standards shall be established by a Government decision, on the basis of the present law.Article 184
From the coming into force of the present law, fee-paying students enrolled in public higher-education institutions under the Government Decision No. 283/1993 may be granted scholarships, according to legal terms.Article 185
(1) The present law comes into force 30 days after its publication in the "Monitorul Oficial" (Official Gazette of Romania)*). When the law comes into effect, the Education Law No. 28/1978 shall be abrogated, as well as any other contrary provisions.(2) Within 90 days from the publication of the present law in the "Monitorul Oficial" (Official Gazette of Romania), the Ministry of Education shall draw up the rules deriving thereof and any other transitory provisions.------- * There are excepted the provisions under Article 58, Article 93, paragraph (3), Article 94, paragraph (1), Article 140, paragraph (2), Article 147, Article 170, paragraph (4), and Article 174, paragraphs (1) and (2), which have come into force on December 29, 1995. NOTE: On June 29, 1995 the Constitutional Court was informed by two groups of Deputies on the unconstitutionality of some provisions regulating:– the right to education of persons belonging to national minorities;– the university autonomy;– the physical facilities of education. Likewise, the information also included the unconstitutionality of the provisions under Article 9, paragraph (1) of the Law on education. On June 30, 1995 the Constitutional Court was informed by a group of 27 Senators, the content of this information being similar to that spelled out by the second group of Deputies. According to Article 19 of the Law No. 47/1992, there were requested the points of view of the two Chambers of Parliament's presidents, as well as of the Government, and, in accordance with Article 5 of the same law and with Article 11, paragraph 2 under the Constitutional Court's Rules on organization and operation, there was requested information to the Ministry of Education. Taking into account the information presented, the points of view expressed by the president of the Chamber of Deputies, by the president of the Senate, and by the Government, the considerations presented by the Ministry of Education, the report drawn up by the judge-rapporteur, the provisions of the Law on education, related to the Constitution of Romania, as well as to the international pacts and conventions on education, according to the provisions under Article 1, paragraph (3), Article 4, paragraph (2), Article 16, paragraph (1), Article 20, Article 26, paragraph (2), Article 29, paragraphs (1), (2) and (6), Article 32, paragraphs (2), (3) and (6), Article 41, Article 45, paragraph (5), and Article 135 of the Constitution, as well as to the provisions of Article 144, subparagraph a) of the Constitution, and of Article 20, paragraphs (2) and (3) of the Law No. 47/1992,THE CONSTITUTIONAL COURT, IN THE NAME OF THE LAW, DECIDES:1. The provisions of Article 8, paragraph (1), Article 92, paragraphs (3) and (4), Article 93, paragraphs (2) and (3), Article 118, Article 119, paragraph (1), Article 120, paragraph (2), Article 122, paragraphs (1) and (2), Article 123, Article 124, Article 158, paragraph (1), and Article 166, paragraphs (1) and (3) of the Law on education are constitutional.2. The provisions of Article 9, paragraph (1) of the Law on education are constitutional provided that the right of parents or guardians to ensure, according to their own convictions, the education of the minors under their responsibility is observed, in accordance with Article 29, paragraphs (1) and (6) of the Constitution.3. The Decision shall be communicated to the President of Romania and shall be published in the "Monitorul Oficial" (Official Gazette of Romania), Part I. The deliberation took place on July 18, 1995, the following Judges being present: Ioan Muraru, President, Costica Bulai, Mihai Constantinescu, Ioan Deleanu, Antonie Iorgovan, Lucian St�ngu, and Victor Dan Zlatescu"*).-------- * Excerpt from the Decision of the Constitutional Court No. 72/July 18, 1995, published in the "Monitorul Oficial" (Official Gazette of Romania), Part I, No. 167/July 31, 1995. --------
