NON-STATE ACTORS IN EDUCATION
2.2 Non-state education provision
3.1 Regulations by distinct levels of education
- Early childhood care and education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Primary and secondary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Tertiary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
3.3 Supplementary private tutoring
1. Terminology
The 2013 Law on Education (amended in 2020), which covers preschool to tertiary education, defines an “educational institution” as a state or “non-state” educational organisation, regardless of its organizational and legal form, conducting a continuous process of education and instruction, implementing one or more educational programmes. The founder of an educational institution may be: public authorities, local authorities, local education authorities; associations of educational institutions; public and private, including foreign, funds registered in the Republic of Tajikistan; individuals and legal entities (Art. 13).
The 2015 Law on the Protection of the Rights of the Child refers to “non-state educational institutions” at the primary, secondary and higher education levels.
The 2016-30 National Development Strategy refers to the roles of the private sector, the business community, non-governmental organizations, civil society and development partners in education. It states that the involvement of the “private sector” is a key resource for the development of the education system. The 2020-30 National Strategy for Education Development highlights the contributions in the provision and co-financing from “private sector entities and civil society organizations”.
Finally, the 2020 Order of the Minister of Education and Science no 1854 stipulates that non-state institutions may have representative offices and branches, but they cannot be legal persons.
2. Typology of provision
2.1 State education provision
State schools
Education is compulsory from age 7 to 17 years; primary (age 7 to 10) and secondary (age 11 to 17) education are compulsory. The dominant position in education belongs to the government. In 2017/18, 81.8% (n=54) of secondary vocational education establishments (colleges) were public. Public schools are state-run and state-funded. The 1994 Constitution (Art. 41) (amended in 2003) states that everyone shall get “free of charge general vocational, primary specialized, vocational specialized and higher specialized education in the state educational establishments”. The state has the right to include theological subjects into the curricula of public educational institutions.
Non-state managed, state schools
The 2021-30 National Strategy of Education Development states that, to date, public-private partnership (PPP) based projects in education are “practically absent”. Yet this is despite the fact that the country “has a strong regulatory and institutional framework for implementing PPP projects”.
Non-state funded, state schools
No official information was found on the payment of fees by parents to finance public schools. Funds to institutions come from a variety of sources, including public-private partnership resources for the renewal and development of the material-technical base of educational institutions. The Government also takes measures on attracting additional external assistance and resources through activation of private sources of financing of education development.
2.2 Non-state education provision
The participation of non-governmental and private sectors is “minimal” (p. 12); In 2010/11, 1.7% of primary and secondary schools, 10.3% of lyceums and 5.8% of residential schools for orphans were non-governmental. In 2015/16, there were 50 non-governmental general education institutions with 19,765 students compared to 63 private educational institutions and 25 889 students in 2020.
In 2017, 1.1% of primary school students attended a private institution. The same year, 18.2% (n=12) of secondary vocational education establishments (colleges) were non-governmental. There are Russian and Uzbek non-state schools in the country.
Independent, non-state schools
The 1994 Constitution and the 2013 Law on Education grant religious bodies the right to establish independent educational facilities, as long as the education they provide conforms to national standards. In this regard, some Islamic madrassahs have been established in recent years.
No information was found on the number of independent non-state religious schools. The 2009 Law on Conscience and Religious Associations resulted in the closure of all 19 madrassahs for Muslims aged 16-18 that were operating with state approval. Tajikistan does not refer explicitly to “low-fee” independent private schools in official documents.
State-funded (government-aided), non-state schools
The 2013 Law on Education (Art. 34) stipulates that the state funds the institutions according to the funds at its disposal. In this regard, alternative institutions have been established to prevent the placement of children in residential institutions, which includes the creation of 30 state-funded non-state daycare centres. Social services in these centres are provided by non-governmental organizations and funded by the government. In 2017, there were also four social service centres for older persons and disabled persons living alone. The 2021-30 National Strategy of Education Development aims to review and update the legislative framework to stimulate the provision of non-governmental services in the field of education. It supports the development of a system for “reducing payments” in private educational institutions.
Contracted, non-state schools
No information was found.
2.3 Other types of schools
Homeschooling
The law does not prohibit parents from teaching religious beliefs to their children in the privacy of their homes, but “restrictions exist that prohibit homeschooling children outside of the family” (p. 3). No additional information was found on homeschooling.
Market contracted (Voucher schools)
No information was found.
Unregistered/Unrecognised schools
No information was found.
3. Governance and regulations
The state develops the education sector and coordinates the activities of ministries and departments, local executive bodies, self-government bodies, villages, individuals and legal entities.
The Ministry of Education and Science is responsible for developing and implementing the education policy for all education levels in both the public and non-state sectors. It is supported, for both sectors, by the National Centre for Education Quality Assessment (NCEQA), the National Centre for State Standards of Education and Testing (NCSSET), the National Accreditation Centre (NAC), the Centre for Certification, Quality Management and Consulting (CCMQC), the Republican Centre for Designation and Certification of Eligibility (RCDCE), and the Academy of Education and the Institute for Educational Development. The Department of Vocational and Higher Education of the Ministry of Education and Science is responsible for the development, monitoring and improvement of quality of education in state and non-state higher education. Finally, the Academy of Education and the Institute for Educational Development are responsible for improving the quality and development of the educational system “by performing development, advisory, research and other expert activities in the area of preschool, primary and secondary education” (p. 3). There is no ministry of religious affairs responsible for education, but the country has a Department of Religious Affairs (DRA) at the Ministry of Culture. The 1994 Constitution stipulates that religious associations shall be separate from the state and shall not interfere in state affairs. In this regard, the 2013 Law on Education (Art. 3) states that religious-political movements are prohibited in educational institutions.
Vision: The governance of non-state education falls under the Civil Code, the legislation on education, the relevant normative legal acts and charters which apply to all levels of education. The 1994 Constitution (Art. 41) states that other forms of education, different from education in the state educational establishments, shall be determined by law. Religious organizations shall also be separate from the state and shall not interfere in state affairs (Art. 8). The 2013 Law on Education covers all education levels, from preschool to higher education and includes non-state institutions when using the term “educational institution”. It states that non-governmental educational institutions have equal rights with state educational institutions and operate in accordance with the regulations of the Republic of Tajikistan. The 2016-30 National Development Strategy aims at providing more precise regulation and ensuring transparency of the privatisation process. In addition, it seeks to ensure the development of a “stable regulatory framework and practice of public-private partnerships in the education sector” (p. 49). The 2020-30 National Strategy for Education Development aims to create a “stable legislative and regulatory framework and practice” for the development of public-private partnerships in the education sector. The 2010 Poverty Reduction Strategy Paper aims to expand partnerships between the public and private sectors for the development in and through education and highlights the “insufficient participation by the private sector in providing educational services” (p. 37).
3.1 Regulations by distinct levels of education
In 2018, there were 2,333 preschool education institutions and 87% of them were state, 6.6% were private and 3.3% were departemental. 0% of nurseries (n=1), 6.8% of nursery-kindergartens (including specialized institutions) (n=23), 22.4% of kindergartens (n=64), 50% of kindergartens-primary schools (n=6), and 3.5% of child development centers (CDCs) (n=153) were private.
In 2019, there were 662 permanent preschool institutions in the country enrolling 102,200 students.
In 2020, 87% of preschool education services was provided by state institutions and 6.9% of preschool institutions were private and 3.3% were departmental (sectoral).
The 2016-30 National Development Strategy stipulates that alternative forms of pre-school education (including non-state) are a decisive institutional growth point. Educational complexes have been established in the country, such as pre-schools, child development centres, short stay programmes for children aged 3-6 and 16 private kindergartens.
The 2013 Preschool Education Act is part of the 2013 Law on Education. A programme has been adopted on the development of preschool and private general educational institutions over the period 2014-20. The main objective was “to create favourable conditions for the implementation of joint measures by public and private sector entities, improving the support available to give children access to high-quality modern preschool education” (p. 41).
Registration and approval: See Multi-level regulations.
License:See Multi-level regulations.
Profit-making: See Multi-level regulations.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum and learning standards: See Multi-level regulations.
Teaching profession: Professional employees of private preschool educational institutions are “not particularly actively attending professional development courses”. In this regard, the 2020-30 National Strategy for Education Development aims to ensure the development of generalized professional development programmes for public and private preschool educational institutions, which will facilitate the exchange of information and practice between them and the development of a professional network of preschool workers. For more information, see Multi-level regulations.
Fee-setting: The 2021-30 National Strategy of Education Development aims at creating low-cost forms of preschool and supports the development of a system for reducing payments in private preschool educational institutions. For more information, see Multi-level regulations.
Admission selection and processes: See Multi-level regulations.
Policies for vulnerable groups: Non-governmental educational institutions shall establish additional benefits for children in need and provide them with the necessary materials (Law on Education, 2013, Art. 38).
Quality assurance, monitoring and accountability
Reporting requirements: See Multi-level regulations.
Inspection: See Multi-level regulations.
Child assessments: See Multi-level regulations.
Sanctions: Previous national reports mentioned the closure of pre-school education institutions, however, the context surrounding the closure of these establishments is not described, and no regulation was found for the mandatory closure of non-state establishments that do not meet the standards set by the state. For more information, see Multi-level regulations.
Registration and approval: See Multi-level regulations.
License of non-state education provision: See Multi-level regulations.
Water, sanitation and hygiene (WASH): Non-governmental educational institutions shall promote a healthy lifestyle among students, observing sanitary and hygienic standards (Law on Education, 2013, Art. 38).
Profit-making: See Multi-level regulations.
Taxes and subsidies: The 2020-30 National Strategy for Education Development aims to review the national legislation in the field of public finance management and taxation to provide benefits to private investors and entrepreneurs in general secondary education. For more information, see Multi-level regulations.
Quality of teaching and learning
Curriculum and learning standards: Tajik is the main language of instruction throughout secondary school. In 2003 Russian was reintroduced as a compulsory second language. For more information, see Multi-level regulations.
Textbooks and learning materials: Non-governmental educational institutions shall provide inventory, storage and maintenance of goods, raw materials and educational equipment. In addition, non-governmental schools must also provide needy students with the necessary materials. Moreover, non-state institutions shall strengthen the material and provide it with equipment and educational materials in accordance with regulatory requirements (Law on Education, 2013, Art. 38). In parallel, the 2020 Order of the Minister of Education and Science no 1854 (Art. 11) stipulates that non-state schools are free in their choice of supplementary teaching materials, forms and methods.
Teaching profession: See Multi-level regulations.
Corporal punishment: The 2013 Law on Education (Art. 21) prohibits corporal punishment. It stipulates that the educational process in educational institutions is carried out on the basis of mutual respect between students, teachers and other staff and adds that the use of methods of physical violence and psychological influence in dealing with students is prohibited. Article 21 of the boarding school regulations prohibits the use of physical and psychological violence.
Other safety measures and COVID-19: Teachers and other staff are responsible for ensuring the safety of life and health of all students (Law on Education, 2013, Art. 25).
Fee-setting: See Multi-level regulations.
Admission selection and processes: See Multi-level regulations.
Policies for vulnerable groups: The 2015 Law on the Protection of the Rights of the Child (Art. 39) stipulates that education and training of orphans and children deprived of parental care may be provided free of charge in non-state educational institutions of primary, vocational, secondary vocational, higher vocational and higher postgraduate education. The curricula of the elementary vocational training education system have been reviewed from a gender perspective. The Sixth periodic report submitted in 2017 under article 18 of the Convention on the Elimination of Discrimination against Women stated that the development of new programmes in non-traditional fields for girls was envisaged.
Quality assurance, monitoring and accountability
School board: The management of non-governmental educational institutions is carried out by the founder(s) or on behalf of the founder(s) by the board of directors in accordance with the standard regulations approved by the Government of the Republic of Tajikistan and the institution's charter (Law on Education, 2013, Art. 31). Autonomous bodies of educational institutions are established in educational institutions in accordance with the legislation of the Republic of Tajikistan. They include the councils of educational institutions, the councils of teachers and scientists, the production and pedagogical, scientific and methodological councils, the public councils, the directors, the rectors, the students, the graduate students, the sponsors, the supervisors, the student organizations, the youth and women's committees, the parents, the parents' associations, the teachers, etc., whose list and responsibilities are provided for in the charter of the educational institution, taking into account the relevant standard regulations of the educational institutions (Art. 41).
Reporting requirements: See Multi-level regulations.
School inspection: See Multi-level regulations.
Student assessment: See Multi-level regulations.
Diplomas and degrees: See Multi-level regulations.
Sanctions: See Multi-level regulations.
In 2019, 40 tertiary education institutions enrolled 229,600 students. The Pedagogical Institute of Penjikent in the Sughd region is the only private tertiary education institution in the country. The National Qualifications Framework is in the process of being developed.
In 2013/14, almost all students (99%) were in the public system (n= 156,406) and only (1%) of students were in the private system (n= 1,385). There were 38 public tertiary education institutions and one private.
Registration and approval: According to the Law on Education and The Law of Higher and Professional Education, the Ministry of Education and Science must approve the establishment and operation of educational institutions regardless of their status. The National Accreditation Centre (NAC) undertakes institutional accreditation of higher educational institutions and professional educational programmes and develops accreditation criteria. For more information, see Multi-level regulations.
License: All higher education institutions have to be licensed and accredited by the State Agency on Supervision in the Sphere of Education of the Ministry of Education and Science. For more information, see Multi-level regulations.
Profit-making: See Multi-level regulations.
Taxes and subsidies: The 2020-30 National Strategy for Education Development aims to include in the regulatory and legal documents in the education sector the “list of incentives provided for the creation of private HEIs”. It also aims to ensure the provision of “significant state subsidies to support the private sector”. For more information, see Multi-level regulations.
Quality of teaching and learning
Curriculum and learning standards: See Multi-level regulations.
Teaching profession: The Republican Centre for Designation and Certification of Eligibility (RCDCE) conducts independent evaluations of professional readiness and designated qualification and approves the certification of the eligibility of employees and specialists. For more information, see Multi-level regulations.
Fee-setting: See Multi-level regulations.
Admission selection and processes: See Multi-level regulations.
Quality assurance, monitoring and accountability
Board: Rectors of private higher education institutions are appointed and dismissed by their founders (council of founders). Vice-rectors are assigned and dismissed by the founding body based on the rector’s decision.
Reporting requirements: See Multi-level regulations.
Inspection: The Centre for Certification, Quality Management and Consulting (CCMQC) implements certification of management quality systems in higher educational institutions and develops normative and educational-methodical documentation in the area of quality management. In parallel, the Department of Vocational and Higher Education of the Ministry of Education and Science is also responsible for the development, monitoring and improvement of the quality of education in higher education. For more information, see Multi-level regulations.
Student assessments: See Multi-level regulations.
Diplomas and degrees: In accordance with the Law on Education, the country provides specialised degrees (darajai mutakhassis) that last five years. These five years of university education from an earlier system are equivalent to a Bachelor's and Master's degree combined. In addition, the country provides Bachelor's degrees (darajai bakalavr) which last four years and Master's degrees (darajai magistr) lasting at least one year and requiring a Bachelor's degree. For more information, see Multi-level regulations.
Sanctions: National reports, for instance, the 2000-05 National Report Education for All in the Republic of Tajikistan Mid-Term Review aimed at developing proposals on opening or closing of primary schools with the consideration of perspective development of different regions and localities. For more information, see Multi-level regulations.
3.2 Multi-level regulations
The 2013 Law on Education covers all education levels, from preschool to higher education.
Registration and approval: The 2013 Law on Education (Chap. 2) sets rules for the opening, closing and running of schools. Non-governmental educational institutions shall develop their charters and register them in accordance with the legislation of the Republic of Tajikistan. They also approve the internal regulations of their educational institution (Law on Education, 2013, Art. 38). In addition, a comprehensive assessment of the activities is carried out by the Government. In addition, educational institutions of foreign countries and international organizations or their branches operating in the Republic of Tajikistan shall undergo state accreditation in the manner prescribed for educational institutions of the Republic of Tajikistan (Art. 30). In parallel, the 2020 Order of the Minister of Education and Science no 1854 established the key rules for the creation, reorganization and closing of preschool, primary, secondary and higher education non-governmental institutions. No information was found on specific infrastructure regulations of non-state provision, including on size or space requirements.
License: An educational institution acquires the right to operate only after obtaining a license to conduct educational activities. A non-governmental educational institution is established by the decision of the founder in accordance with the legislation of the country and is subject to state registration in the prescribed manner (Law on Education, 2013, Art. 11). In addition, the educational institution is licensed by the authorised state body in the field of education (Art. 12). Moreover, non-governmental educational institutions shall comply with the requirements for a license to conduct educational activities (Art. 38). Finally, based on the results of the state accreditation, the educational institution is issued a certificate of state accreditation for five years (Art. 30).
Profit-making: Non-governmental educational institutions shall be independent in economic activities, within the limits of the norms established by the country's legislation and the educational institution's charter (Law on Education, 2013, Art. 38).
Paid activities of non-governmental educational institutions are not considered commercial activities, provided that the income from such activities is fully used to cover the costs of the educational process and its improvement, including the payment of wages at the relevant educational institution (Law on Education, 2013, Art. 58).
Taxes and subsidies: Non-governmental educational institutions shall take measures to attract additional financial resources in order to carry out statutory activities in accordance with the laws of the Republic of Tajikistan (Law on Education, 2013, Art. 38). In addition, funding rates for non-governmental educational institutions may not be lower than the funding rates for state educational institutions in the respective territories. Financing of non-governmental educational institutions is carried out at the expense of the founder (founders) (Art. 55).
The 2020-30 National Strategy for Education Development aims to develop recommendations on the “possibility of introducing new fiscal mechanisms to stimulate investment in the education sector (the introduction of educational savings and loans; the formation of private funds, tax benefits, targeted social assistance systems; educational vouchers; new forms of remuneration, and others)”.
In 2008-2015, the State adopted a programme through the Decision of 27 August 2008 to promote the construction, renovation and reconstruction of schools located in private houses, trailers, office buildings and public places.
Quality of teaching and learning
Curriculum and learning standards: Non-governmental educational institutions shall approve their curricula, annual study schedules and lesson schedules. They shall also introduce active teaching methods in the educational process (Law on Education, 2013, Art. 38).
Teaching profession: Non-governmental educational institutions shall carry out professional development and training of teachers in accordance with the legislation of the Republic of Tajikistan (Law on Education, 2013, Art. 38). Schools must also approve the structure, schedule of duties and salaries, and division of responsibilities of teachers. Non-governmental schools can also establish bonuses to the salaries of teachers of their institutions and determine the procedure and amount of bonuses in accordance with the laws of the Republic of Tajikistan. Furthermore, they can nominate their teachers for state awards. Finally, the State is responsible for the certification of teachers.
The country adopted the 1997 Labour Code which represents employees in the private and public sectors.
Fee-setting: Non-governmental educational institutions shall have the right, on a contractual basis, to provide paid educational services, including education within the framework of state educational standards. The relationship between a non-governmental educational institution, the trainee and the parents (their substitutes) is regulated by a contract that determines the level of education, duration, amount and procedure for payment of tuition and other conditions (Law on Education, 2013, Art. 58).
Admission selection and processes: Non-governmental educational institutions shall be independent in the selection and placement of students, within the limits of the norms established by the country's legislation and the educational institution's charter. It also adds that non-governmental schools shall prepare students for admission to primary, secondary and higher professional educational institutions of the country and abroad (Law on Education, 2013, Art. 38).
Quality assurance, monitoring and accountability
Reporting requirements: Non-governmental educational institutions shall collect statistical data together with relevant government agencies and monitor the involvement of students in the educational process to prevent school-age children from dropping out. It adds that non-governmental schools are also responsible for the proper preparation and submission of statistical reports of their institutions to higher authorities (Law on Education, 2013, Art. 38).
Inspection: The state controls the compliance of non-governmental institutions with the requirements of the legislation of the Republic of Tajikistan in the field of education (Law on Education, 2013, Art. 28). The State participates in the control, certification and accreditation process of institutions and carries out a complete evaluation of the institutions' activities (Art. 34).
Student assessment: Non-governmental educational institutions shall carry out intermediate and final certification of pupils and students and monitor the level of quality of education (Law on Education, 2013, Art. 38). The National Centre for State Standards of Education and Testing (NCSSET) conducts external assessments of educational achievements of pupils and students at all levels of education through centralized testing. It also creates scientific, methodological and methodical databases of state educational standards.
Diplomas and degrees: Non-governmental institutions that have received state accreditation must provide their graduates with the following credentials that have the same value as state credentials: certificate of basic general education for graduates of basic general education institutions (grade 9)); certificate of general secondary education for graduates of general secondary educational institutions (grade 11); certificate of profession (degree, class, group) for those who have studied a profession in a prescribed manner; diploma of primary vocational education for graduates of educational institutions of primary vocational education; diploma of secondary vocational education for graduates of secondary vocational education institutions; diploma of higher education (bachelor, specialist, master) for graduates of higher education institutions; and other types of education documents approved by the Government. Non-governmental educational institutions that have not obtained state accreditation must certify the degrees granted with their seals (Law on Education, 2013, Art. 23).
Sanctions: Non-governmental educational institutions may be closed at the initiative of their founder(s) or the Ministry of Education and Science in accordance with the legislation of the Republic of Tajikistan (Order of the Minister of Education and Science no 1854, 2020, S. 8).
3.3 Supplementary private tutoring
The 2012-20 National Strategy of Education Development stipulates that “supplementary education” “ensures meeting of individual needs of families in the development of children’s abilities, promotes socialization of children and adolescents from the risk group and as numerous surveys indicate improves study results of the schoolchildren”. In 2012, a network of supplementary education institutions in Tajikistan was represented by 75 centres on out-of-school education, including some located in the premises of education departments, kindergartens, basements, private houses and shops.
Supplementary education is based on the principles of voluntary choice of the type of additional educational institution and education, the desire of the student and is provided without restrictions for all persons (Law on Education, 2013, Art. 21).
Article 58 adds that, at the request of parents (or their surrogates) of students in public educational institutions, additional paid education is organized on a contractual basis. It adds that non-governmental educational institutions shall have the right, on a contractual basis, to provide paid educational services, including education within the framework of state educational standards. The relationship between a non-governmental educational institution, the trainee and the parents (their substitutes) is regulated by a contract that determines the level of education, duration, amount and procedure for payment of tuition and other conditions.
Financial operation and quality
The 2016-30 National Development Strategy refers to the development of extra-curriculum education (including through the establishment of Children and Youth Creativity Centers). This practice aims at developing knowledge and skills and “improving cooperation between the state and non-state supplementary education institutions” (p. 48). Additional paid training may be provided outside the curriculum for separate curricula and subjects not covered by state educational standards or for in-depth study of a subject, if such training is not determined by the type of educational institution involved (Law on Education, 2013, Art. 58).
Teachers of all types of educational institutions are allowed to carry out paid pedagogical and other commercial activities not prohibited by the legislation of the Republic of Tajikistan on a contractual basis (Law on Education, 2013, Art. 58). Professional development and training for teachers, specialists and staff of the supplementary education institution shall be carried out in order to deepen their professional knowledge and skills of the teachers (Art. 21).
