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
In Montenegro, educational institutions of all levels of education can be established as public or private (2001 General Law on Education, Official Gazette of the Republic of Montenegro, 21/09, 45/10, 40/11, 45/11, 36/13, 39/13, 44/13). A private institution may be established by a national and foreign legal entity or natural person and it can also be international, i.e., an international school can open a department/branch in Montenegro.
2.1 State education provision
State schools
Education is compulsory for all children between the ages of 6 and 15. Students older than 15 exercise their right to primary education in accordance with regulations governing the field of adult education.
Primary education is offered mostly by state schools (96%). In 2020/21, there were in Montenegro 162 state primary schools (2 within educational centres). Upper secondary education (general and vocational upper secondary education) and post-secondary non-tertiary vocational education in Montenegro can be acquired at: gymnasium, secondary vocational school, combined secondary school, educational centre and art school. Most upper secondary schools are state schools (89%). In 2020/21, there were also 50 state high schools.
Students may also attend art school at the primary level. Primary education is also provided at two educational centres and three resource centres. An “educational centre" is an institution in which several different educational programs from several levels of education are realized and a “resource centre" is an institution in which the upbringing and education of children with special educational needs (developmental disabilities) is realized.
Religious secondary schools that run publicly valid educational programs have the status of secondary schools.
Non-state managed, state schools
No additional information was found.
Non-state funded, state schools
No additional information was found.
2.2 Non-state education provision
Independent, non-state schools
In 2020/21, there were in Montenegro six private international primary schools and one state-private and five private high schools (four private are international). In addition, Montenegro had one state-private music school.
State funded (government-aided), non-state schools
Private institution that conducts publicly valid educational programs may be financed from the budget of Montenegro in accordance with the 2001 General Education Law. These state-funded schools conduct the state educational program. Religious secondary schools (which run publicly valid educational programs) may be financed from the budget of Montenegro, in accordance with Article 138 of this Law.
Contracted, non-state schools
No additional information was found.
2.3 Other types of schools
Homeschooling
A parent can organise home-schooling for their child. They are obliged to notify the school in which the child is enrolled, at least two months before the start of education. The school is obliged to organise the assessment of pupils’ knowledge in all subjects of the relevant grade at the end of the term, i.e. at the end of the school year. The method and procedure for the assessment of home-schooled pupils are prescribed by the Rulebook on the manner and procedure of the assessment of home-schooled pupils. No additional information has been found regarding the prevalence of homeschooling.
The Ministry of Health also issued an Order to take temporary measures to prevent the introduction into the country, suppress and prevent the transmission of COVID-19 on March 16, 2020. From the second semester of the school year 2020/21, schools, in accordance with the spatial possibilities, have the opportunity to implement the educational process in the institution for all pupils or to have groups of pupils that rotate weekly, having the possibility to follow the teaching process either at school or online. Classes at the school are compulsory for all first-cycle pupils (I, II, III grade of primary school) and preferably IX grade.
Market contracted (Voucher schools)
No information was found.
The Ministry of Education, Science, Culture and Sports is responsible for the licensing and support of private institutions. The National Council for Education also validates the contents and the procedures of the educational programmes in private institutions. The Bureau for Education Services, i.e. Centre for Vocational Education, also determines the validity and value of the educational programme of the private institutions.
Montenegro does not have a Ministry for Religious Affairs which plays a key role in education. The country’s laws guarantee freedom of religion and prohibit several forms of religious discrimination, while establishing that there is no state religion. The government provides some funding to religious groups.
Vision: Two of the country's priorities are the further development of social partnership and the active involvement of partners in the planning, organisation and implementation of education and training. This enables a more rapid response to the needs of the labour market. Montenegro also aims to involve local community representatives and employers as much as possible in the financing of education, which should encourage better cooperation between the school and the local community.
3.1 Regulations by distinct levels of education
Early Childhood Care and Education (ECCE) can be organized in public or private preschool institutions, depending on if it is a nursery (for children under the age of three) or kindergarten (for children three and older), or it can be home-based. Data from the Statistical Office show a constant trend of dominant coverage of children with public preschool education. In the school year 2019/2020., the share of children attending private preschool education was 4.7%.
There are 49 preschool institutions in Montenegro, of which 21 are public and 28 private, with a network of 170 educational units, within which 777 educational groups are organized. 23,080 children enrolled in preschool institutions in the school year 2019/2020. Compared to the previous school year, the number of enrolled children increased by 6.5% (Press release number 14, 2020).
Pre-school education and home-based education is implemented in accordance with the 2017 Law on Preschool Education and Rulebook on the conditions and manner of organising preschool education and home-based education. Preschool education of children with special educational needs is carried out in accordance with the 2017 Law on Preschool Education, the Law on Education of Children with Special Educational Needs and other regulations.
Registration and approval: See Multi-level regulations.
Licence: See Multi-level regulations.
Profit-making: See Multi-level regulations.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: Private preschool institutions in which children stay longer than three hours, as well as state ones, are obliged to realize the national primary program of preschool education, which determines the scope and forms of educational work with children until they start primary school. This program has been approved by the National Council. A private institution that conducts an educational program according to special pedagogical principles gains public importance when the Council determines that the program is recognized by the appropriate international association. Private institutions, as well as state ones, can conduct both shorter and specialized programs that are approved in the process of licensing the institution.
According to the 2017 Law on Preschool Education (Articles 16 and 17), this shorter program of preschool education determines the content of continuous or occasional activities that can be organized once or more a week, lasting up to four hours, in accordance with the needs and interests of children and parents. For children who are not included in the primary program, in order to more efficiently prepare for primary school, the institution must implement a program for preparing children for primary school. The preparation program for children who are not included in the primary program, the institution organizes in time and terms that do not interfere with its regular work and program. The specialized program of preschool upbringing and education determines the form and content of educational work in certain areas and spheres of interest, in accordance with the needs of children and parents. For more information, see Multi-level regulations.
Teaching profession: To work in a preschool institution, all employees must meet the professional standards approved by the state and have a licence. For more information, see Multi-level regulations.
Fee-setting: See Multi-level regulations.
Admission selection and processes: No information was found.
Policies for vulnerable groups: See Multi-level regulations.
Quality assurance, monitoring and accountability
Reporting requirements: See Multi-level regulations.
Inspection: See Multi-level regulations.
Student assessment: No information was found.
Sanctions: See Multi-level regulations.
Registration and approval: See Multi-level regulations.
Licence: See Multi-level regulations.
Water, sanitation and hygiene (WASH): The Rulebook on detailed conditions for the establishment of institutions in the field of education regulates in detail various issues and conditions important for the safe and quality functioning of the institution, among other things, when it comes to the conditions that the institution must meet in terms of location, land, facilities, standards that each specific room must meet, sanitary conditions, requirements regarding the provision of teaching aids and equipment, fire protection, including requirements regarding access to children with disabilities, etc.
Profit-making: See Multi-level regulations.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: See Multi-level regulations.
Textbooks and learning materials: According to the 2001 General Law on Education (Article 13), an institution that realizes publicly valid educational programs is obliged to use textbooks and teaching aids that are approved at the national level. Private institutions are obliged to use textbooks only for compulsory subjects determined by the educational program and the law.
Teaching profession: See Multi-level regulations.
Corporal punishment: The Law on General Education (Article 9a) prescribes the prohibition of discrimination, more specifically it stipulates that the following is not allowed in the institution: physical, psychological and social violence; abuse and neglect of children and students; physical punishment and insult of a person, sexual abuse of children and students or employees and any other form of discrimination.
Other safety measures and COVID-19: During the COVID-19 pandemic, the Montenegrin education system operated in accordance with the epidemiological situation and measures adopted by the health authorities in order to provide maximum knowledge in the given conditions and preserve the health of children and educators. Depending on the current epidemiological situation, measures and capacities of state and private preschool institutions and schools, classes were realized partly in school, partly online.
Fee-setting: See Multi-level regulations.
Admission selection and processes: No information was found.
Policies for vulnerable groups: See Multi-level regulations.
Quality assurance, monitoring and accountability
School board: In accordance with the 2001 General Law on Education institutions are managed by heads, who also act as pedagogical managers. Depending on the size of the school, they can be assisted in the organisation of educational work by the deputy heads. The 2001 General Law on Education (Article 43) prescribes the obligation of having an administrative or school board in all educational institutions of the pre-university level, and Article 43 of the same law specifies the composition of the administrative board in relation to the level of education and type of school. Heads are in charge of their institutions and are responsible for planning, organising and managing the work of the institutions, organisation of rational and efficient implementation of educational programmes, ensuring equality among pupils in exercising their right to education, in accordance with their abilities, preparation of the proposal of the annual work plan and its implementation, work of the teacher or expert council, selection of teachers, professional associates and other employees at the institutions, proposing the institution’s act on organisation and job classification, exercising professional and pedagogical supervision, deciding on the rights and obligations of employees in accordance with the law, encouraging professional training and development of teachers and proposing their promotion, adopting a plan to improve the quality of educational work of their institutions, cooperation with parents and the community, etc.
Reporting requirements: See Multi-level regulations.
School inspection: See Multi-level regulations.
Student assessments: The manner and process of student assessment are regulated by the Rulebook on the Assessment of Students for primary and secondary education that is in line with the national program but if the school has international program students can be assessed in line with requirements of that program.
Diplomas and degrees: Depending on the program, schools issue the same certificates as state schools or provide diplomas in line with the international program.
Sanctions: See Multi-level regulations.
Higher education in Montenegro may be provided by public and private universities and other higher education institutions, which are covered by the same 2020 Law on Higher Education. Higher education in Montenegro can be acquired at four universities of which three are private.
Registration and approval: The condition that each higher education institution needs to meet in order to be able to carry out study programmes and enrol students is to have an accreditation certificate issued by the Agency for Control and Quality Assurance of Higher Education and a licence to work issued by the Ministry of Education.
Licence: The establishment of higher education institutions and the licensing process are regulated by the 2020 Law on Higher Education. An institution can perform its activity and admit students after the Ministry identifies that the institution has met the requirements prescribed by this Law and renders a decision on licensing. The licence determines the type of institution, accredited study programmes, the maximum number of students that can be admitted to certain study programmes, levels of education and degrees that can be obtained at the institution. The decision on licensing is passed by the Ministry and published in the Official Gazette of Montenegro.
Licensing procedure is performed in accordance with the Rulebook on more detailed conditions for the establishment, performance of activities, licensing procedure and the manner of keeping a register of higher education institutions.
Profit-making: It is not forbidden for private institutions but, for the public ones, the 2020 Law on Higher Education states that Activities of a public institution, as a rule, are non-profitable.
Taxes and subsidies: The Government prescribes certain conditions for using the funds allocated to a private institution, as well as requests from the private institution to submit the budget proposal for the performance of its activity for the following fiscal year. A private institution is responsible for lawful and purposeful use of funds allocated by the Government, and it provides the Government with access to its financial books and records.
Funds from the budget of Montenegro may be allocated for funding students of private institutions attending study programmes of public interest that are not implemented at any public institution.
Criteria for determining study programmes of public interest at private institutions which are not implemented at any public institution are prescribed by the Government, following the opinion provided by the Council. Regarding funds allocated to a private institution, the Government prescribes certain conditions for their use and requires the private institution to submit the budget proposed for the performance of its activities for the next fiscal year.
An institution may be funded from the following sources: 1) founder’s assets; 2) tuition fees and other fees paid by the students; 3) intellectual and other services; 4) donations, presents and legacies; 5) income from property (lease); 6) projects and contracts with international, national and private entities aimed at the promotion of teaching, research and consulting activities.
Quality of teaching and learning
Curriculum and education standards: No information was found.
Teaching profession: The procedure of appointment to academic titles, as well as other related matters, is regulated by the statute of a university.
Admission selection and processes: The right to enrol in academic and applied studies has a person who has acquired the appropriate level of education IV-1 sub-level of the National Qualifications Framework. Enrollment decision is made on the basis of: 1) general success at the completion of individual grades for acquiring IV-1 sub-level of the National Qualifications Framework; 2) results achieved at the external Matura, ie professional exam; 3) achieved success in two subjects of the third and fourth grade that are important for continuing education; 3a) success in national or international competitions in subjects that are important for continuing education; i 4) Luca diplomas. An entrance exam can be introduced for enrollment in certain study programs. For persons with disabilities, the principle of affirmative action is implemented when enrolling in the study program. Private institutions can decide upon the program of an entrance exam.
Fee-setting: Students with disabilities at both public and private institutions can be exempt from paying a fee. There are no fee setting rules on the national level for private institutions.
Quality assurance, monitoring and accountability
Board: Governing Board of a private university is elected by the founder.
The composition of the Governing Board must include student representatives. Competence, number of members, composition, methods of election and removal, manner of operation and decision making of the Governing Board, as well as the period of electing the Governing Board of a private university is determined by the founder, in compliance with the statute.
Reporting requirements: The private institution is responsible for the lawful and dedicated use of funds allocated by the Government and is obliged to provide the Government with access to financial books and records
Inspection: Education inspection monitors compliance with the relevant laws and financial audit is done in line with the institution Statute and if there is Government funding, in line with the set conditions.
The Agency for Control and Quality Assurance of Higher Education and the Council for Higher Education implement the procedures of external evaluation in accordance with the 2020 Law on Higher Education. Quality assurance and quality improvement of higher education are performed through the procedures of accreditation, self-evaluation and reaccreditation. The process of study programme accreditation includes the assessment of study programme quality and its compliance with professional needs and adopted standards, its comparability with the same or similar programmes abroad, as well as the existence of practical teaching and its value in credit points. For the purpose of accreditation of study programmes, the Agency forms a commission from among independent national and international experts, selected from the designated list. Study programmes are accredited for a maximum period of five years. The re-accreditation of institutions is carried out every five years. The re-accreditation commission, appointed by the Agency from among experts found on the designated list, prepares a report on re-accreditation of the institution based on the self-evaluation reports and the conducted evaluation procedure. The re-accreditation report is then submitted to the Agency, the institution and the Ministry of Education, Science, Culture and Sports.
Assessment: Students take an exam upon completion of instruction from that study course in a manner determined by a study programme, in compliance with the statute of the institution. A student with a disability is entitled to take an exam at a place and in a manner adjusted to their abilities, in accordance with the statute of the institution.
Diplomas and degrees: Degrees that may be acquired at an institution include: 1) degree of applied undergraduate studies; 2) degree of academic undergraduate studies; 3) degree of completed integrated undergraduate and master’s studies; 4) degree of applied master’s studies; 5) degree of academic master’s studies. No additional information was found.
Sanctions: According to the 2020 Law on Higher Education, an institution will be fined in the amount of 2,000 euro to 20,000 euro if: it operates and conducts activities without meeting the prescribed requirements; does not allow students who have not completed a programme to finish the studies in case a study programme was discontinued; applies statute, which has not been approved by the Government; invests resources in education or research purposes without the approval of the Government (Article 62); charges higher tuition fee than the amount which was approved by the Ministry (Article 70 paragraph 2); appoints to academic titles persons who do not meet the requirements for being appointed to an academic titles referred to in Article 73 paragraphs 1, 2 and 3 of this Law; awards degrees to persons who do not meet the requirements prescribed by Article 83 of this Law; admits students to undergraduate studies who do not meet the requirements prescribed by Article 93 of this Law; does not keep register of students, records on issued diplomas and diploma supplements and records on exams (Article 114 paragraph 1).
3.2 Multi-level regulations
Since there are no specific differences in the regulations related to preschool institutions, primary and secondary schools, certain aspects of assessment are described only in this section.
Registration and approval: Conditions for the establishment and operation of institutions in the field of education are prescribed by the 2001 General Law on Education. In addition to the conditions prescribed by law, it is necessary to meet the conditions set out in the Rulebook on detailed conditions for the establishment of institutions in the field of education. According to the 2001 General Law on Education (Article 46), an institution may be established if:
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there is a sufficient number of children, pupils or learners attending it;
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an educational programme has been adopted or approved, in accordance with the law, or a programme of education has been adopted, or a foreign educational programme has been approved;
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educational, i.e. teaching and other professional staff, have been provided, in line with a special regulation;
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adequate premises, teaching materials, equipment etc. have been provided, in accordance with norms and standards and
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funds for the establishment and operation have been provided,
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hygienic and technical conditions have been provided, in accordance with special regulations.
Licence: The process of licensing of educational institutions of the pre-university level is defined by a special rulebook - the Rulebook on the licensing procedure of institutions in the field of education and the manner of keeping the register of licenced institutions. According to this rulebook, the request for the issuance of a licence for work is sent by the private institution to the Ministry. The fulfilment of licensing conditions is determined by the Commission formed by the Ministry. After inspecting the documentation and directly checking the conditions for the establishment and operation of the institution, the Commission prepares a report. At the proposal of the Commission, the Ministry issues a decision on licensing the institution. The Ministry keeps a register of licenced institutions and makes an entry in the register. After receiving the decision on licensing, the institution is entered in the Central Register of Business Entities. By entering in the register of institutions, the institution acquires the status of a legal entity.
Profit-making: Private kindergartens and primary and secondary schools are financially independent of the state and profit-making is allowed.
Taxes and subsidies: According to the 2001 General Law on Education, the founder of a private institution is obliged to, in addition to proof of fulfilment of conditions for establishment in accordance with Article 46 of this Law, submit proof of paid founding deposit for three years to a commercial bank account as a guarantee from a commercial bank that financial resources have been provided in the amount of the necessary funds for the implementation of the educational program. Proof of paid founding role or guarantee of the commercial bank shall be activated in case the founder decides to terminate or terminate the institution before completing the education of students in the educational program, at the request of the state administration body responsible for budget affairs. The founding contribution, i.e. the necessary funds for the implementation of the educational program, shall be calculated in relation to the cost of education of students for a particular educational program and the number of students for which a licence is sought. The amount of the founding role, i.e. the necessary funds for the implementation of the educational program of preschool education and adult education program is determined by the Ministry, by a special act based on the cost of education of the child or student for a particular educational program and the number of children. No additional information regarding the taxes and subsidies offered to non-state actors to establish a non-state institution was found.
Quality of teaching and learning
Curriculum or education standards: The 2001 General Law on Education (Article 23) prescribes the adoption of the educational program of a private institution. According to this law, the content and procedure of adopting an educational program in a private institution is determined by the act on the establishment of the institution. The educational program of a private institution becomes a publicly valid program when the National Council determines that it corresponds to a publicly valid program for a certain field of education. Criteria for determining the validity and equal value of the educational program of a private institution with a publicly valid educational program are adopted by the National Council, at the proposal of the Institute for Education.
The 2001 General Law on Education (Articles 11 and 12) regulates the use of languages in state and private educational institutions. According to this law, in addition to the official (Montenegrin language), teaching is also prescribed in the languages in official use: having in mind the same linguistic basis - in the Serbian language and respecting the rights of minority peoples - in Bosnian, Albanian and Croatian. Also, mentioned law prescribed that classes can be conducted in a foreign language for educational programs for which the institution is licenced, with the approval of the Ministry.
Teaching profession: The work of educators, teachers, principals, assistant principals and other employees in professional positions in private and state institutions may be performed by a person who, in addition to the conditions prescribed by the Labor Law and the 2001 General Law on Education, has a work permit. The licence is renewed every five years in accordance with professional development programmes. Priority areas of professional development for the period of five years are determined by the Ministry of Education, Science, Culture and Sports following the proposal of the Bureau for Education Services and Centre for Vocational Education. Private institutions prescribe the amount of income for employees as well as working conditions through their internal regulations.
Fee-setting: The amount of tuition is determined by the private institution based on the decisions of the main governing body. Information on the amount of tuition is mostly publicly available on the website of individual institutions or obtained by contacting the institution.
Policies for vulnerable groups: According to the 2001 General Law on Education (Article 9), Montenegrin citizens are equal in exercising their rights to education, regardless of their nationality, race, sex, language, religion, social origin, disability or other personal characteristics. There are no regulations that specifically apply to private institutions, each institution creates its policy regarding these aspects.
Quality assurance, monitoring and accountability
Reporting requirements: Quality assurance and quality improvement in preschool, primary and secondary education is carried out in accordance with the 2001 General Law on Education and secondary legislation that define the field of evaluation as well as the methodology for its implementation. The assessment of quality of educational work is done both internally (self-evaluation) and externally. Educational institutions themselves carry out quality assurance and quality improvement of educational work (self-evaluation), annually for individual areas and biennially altogether. The self-evaluation process creates the basis for each teacher to recognise their own strengths and weaknesses, to compare their performance with others, to recognise opportunities for improvement, to set goals aimed at their own development. Internal quality assessment of the institution’s educational work is done by expert bodies, as well as other bodies and entities within the institution, in line with its statute and the annual work plan. The institution prepares an internal assessment report on the quality of educational work biennially and delivers it to the Institute for Education. The described process of self-evaluation, as well as external evaluation, also applies to private institutions.
Inspection: External quality assessment of educational work at institutions can be either regular or extraordinary. Regular quality assessment of the institution’s educational work is done at least once in four years. Extraordinary quality assessment of the institution’s educational work is carried out as needed, as well as following the reasoned request of the parent council. This type of quality assessment is carried out by educational supervisors, as well as by authorized advisers and external associates. Quality assurance and quality improvement of institutions’ educational work (external quality assessment and quality assurance) are performed by the Institute for Education and the Centre for Vocational Education, at least every four years.
Sanctions: Mentioned regulations do not include the criteria or standard for revoking a registration/licence granted to a non-state education provision, however, the Law on the Fundamentals of the Education System prescribes that the competent inspection determines that if the institution does not meet the conditions or does not perform activities in accordance with the law Ministry may temporarily or permanently prohibit its operation.
According to the 2001 General Law on Education (Article 54), when the competent inspection determines that the institution does not meet the conditions or does not perform activities in accordance with the law, it will temporarily prohibit the work of the institution and set a deadline within which the institution and founder must eliminate the identified shortcomings. If the identified deficiencies and omissions in the work are not eliminated within the prescribed time limit, the Ministry shall prohibit the operation of the institution by a decision.
3.3 Supplementary private tutoring
No information was found.
Financial operation and quality
The Rulebook on conditions of performing student preparation activities defines some conditions for supplementary private tutoring, such as quality of facilities where it takes place and conditions in the room and working hours.
The teacher may, for a fee, prepare the student to take exams and achieve better results in a particular subject, provided that the student does not attend regular classes or take exams at the school where the teacher works. A person who meets the conditions for performing the duties of a teacher, and is not employed, may be engaged in preparing students as a basic activity. A teacher who does private tutoring is obliged to report to the competent municipal authority and the competent educational inspection.
This profile was drafted by the Network of Education Policy Centers (NEPC).
