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
The 2009 Law on Education, which governs all education levels, allows for educational institutions to be established by the state, municipalities, legal entities (national or foreign), or individuals, but does not provide any specific definition of non-state actors/education. The 2009 Law on Education and the 2019 Law on General Education regulates all educational institutions providing educational services in Azerbaijan, including those established by non-governmental organisations (NGOs), associations, and societies.
2.1 State education provision
State schools
Most education at primary (four years, beginning at age six), lower secondary (four years, beginning at age 10) and upper secondary education (two years, beginning at age 15) is provided by the state. Free and compulsory education covers primary to upper secondary education.
Non-state managed, state schools
No information was found.
Non-state funded, state schools
There are no non-state funded, state schools. However, non-state actors may fund teachers training or capacity building for state educational institutions or government authorities.
2.2 Non-state education provision
Independent, non-state schools
Private schools are schools which are established, operated, and funded by private actors and governed by a contractual relationship between the institution, the student, and parents/legal representatives. Private schools must comply with the national education standards or with internationally accredited programmes. International schools established by diplomatic missions are independent and follow specific regulations.
State-funded (government-aided), non-state schools
No information was found.
Contracted, non-state schools
No information was found.
2.3 Other types of schools
Homeschooling
According to the 2009 Law on Education, ‘home education’ is legal, provided that it follows the state's national learning standards. Homeschooled children can access higher education if they pass a state exam, in which they obtain a recognised certificate.
Market contracted (Voucher schools)
No information was found.
Unregistered/Unrecognised schools
No information was found.
The Cabinet of Ministries and the Ministry of Education (MoE) are responsible for the regulation of Azerbaijan's education system for both state and non-state educational institutions. The Ministry of Education includes within its structure different Cabinets of Ministers for each education level and an additional unit for the accreditation and quality assurance of education institutions. In consultation with the MoE, the Ministry of Economic Affairs is responsible for licensing an educational institution. The Agency on Quality Assurance in Education is a legal entity within the MoE in charge of the accreditation, quality assurance, and monitoring of educational institutions operating in Azerbaijan.
According to the law on religious freedom (1992, amended in 2015), religious institutions may establish educational institutions under a special permit (license) issued by the relevant executive authority in the manner prescribed by the legislation of the Republic of Azerbaijan.
Vision: The State Strategy for the Development of Education in the Republic of Azerbaijan highlights among its strategic directions the “Formation of a new governance system in education based on public-private partnerships, with accountable results, and a transparent, effective regulatory mechanism”. Currently, community-based preschool projects financed by UNICEF and the EU intend to increase preschool education coverage and quality.
3.1 Regulations by distinct levels of education
Early Childhood Care and Education covers children from ages one to six, with most education provided by state institutions. According to 2017 Law About Preschool Education, preschool education can be delivered through nurseries, kindergartens, preschools, experimental preschools, and community-based learning groups. Preschools can be divided into public, municipal and private preschools, in accordance with the 2012 Model Charter of Preschool Education Institutions.
Registration and approval: According to the 2012 Model Charter of Preschool Education Institutions, pre-school educational institutions acquire the status of a legal entity once they become registered with the state. All preschool institutions must comply with the required number of children per group according to age. Family and community–based preschools are established in accordance with the Rules on the organisation of preschool education. For more information, see Multi-level regulations.
Licence: Once a preschool receives institutional accreditation, it is issued a permit to operate for an indefinite period. According to the 2017 Law on Preschool Education, a permit may be revoked if a preschool does not have the required accreditation certificate. For more information, see Multi-level regulations.
Profit-making: See Multi-level regulations.
Taxes and subsidies: According to the 2017 Law on Preschool Education, municipal and private preschools may receive funding to enrol children on a supply and demand basis. The state additionally creates favourable conditions for attracting local and foreign investment in innovative and entrepreneurial activities taking place in preschools. For more information, see Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: All preschool institutions are required to follow the national preschool education standards, which include learning and developmental outcomes, content standards, and evaluation criteria (Law on Preschool Education 2017). For more information, see Multi-level regulations.
Teaching profession: Preschool teachers must possess the minimum qualifications or experience established by the Law. 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: No information was found.
Quality assurance, monitoring and accountability
Board: According to the 2012 Model Charter of Preschool Education Institutions, administrative and self-governing bodies are established in preschools to "ensure the democracy and transparency of the management of the preschool educational institution". The interference of the state and local government bodies in matters related to the management of preschool is prohibited. The highest governing body of a state preschool is the pedagogical council, which operates on a voluntary basis. The higher governing body in municipal and private preschools is determined by the institution's charter.
Reporting requirements: According to the 2017 Law on Preschool Education the state supervises all preschools, regardless of the type of ownership and organisational form, and may require preschools to provide necessary information for the coordination of preschool education by the state.
Inspection: See Multi-level regulations.
Child 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): Institutions must comply with the general health and safety standards in order to be granted an operational permit.
Profit-making: No information was found.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: All educational institutions, state and non-state, are required to meet the national educational standards. According to the Law on General Education, international education programs can be implemented if the educational institutions have appropriate learning and teaching materials and qualified staff. However, school instruction must be in Azerbaijani. Institutions may only teach in foreign languages upon state approval and under specific conditions (e.g. teaching the Azerbaijani language and offering specific subjects, i.e. literature, history, and geography). For more information, see Multi-level regulations.
Textbooks and learning materials: All institutions are required to submit information on their textbooks and learning materials as part of the accreditation process. The national education standards determine learning materials for each education level.
Teaching profession: See Multi-level regulations.
Corporal punishment: The 2009 Law on Education ensures students' right to be protected against physical, moral, and psychological violence.
Other safety measures and COVID-19: During COVID-19, distance learning took place through the "Virtual School" and other online platforms. Students were also encouraged to watch televised education lessons.
Fee-setting: See Multi-level regulations.
Admission selection and processes: No information was found.
Policies for vulnerable groups: According to the Law on General Education, the state must ensure equal opportunities for every citizen to receive an education without discrimination based on gender, race, language, religion, political views, ethnicity, social status, or health status.
Quality assurance, monitoring and accountability
School board: According to the 2009 Law on Education, the founding members of an institution are responsible for appointing the school director. School governing bodies can include guardians, parents, or boards of trustees in order to ensure democracy and transparency. The Law on General Education additionally specifies that when a foreign citizen or legal entity establishes an educational institution, or more than 51% of the institution's stocks are owned by foreigners, the institution's deputy head must be an Azerbaijani citizen.
Reporting requirements: According to the 2019 Law on General Education, all general education institutions operating in the Republic of Azerbaijan must be connected to the Centralised Educational Information System (CISIS) and the state electronic information system "Students-Graduates". For more information, see Multi-level regulations.
School inspection: See Multi-level regulations.
Student assessment: The State Examination Center is responsible for preparing and conducting the Final Evaluation (assessment) of General Education.
Diplomas and degrees: See Multi-level regulations.
Sanctions: See Multi-level regulations.
Higher education consists of state, municipal, or private institutions. Most higher education is provided by the state. In the 2018/19 academic year, 9% of students were enrolled in private HEIs at the undergraduate level and 8% at the graduate level.
Registration and approval: See Multi-level regulations.
Licence: See Multi-level regulations.
Profit-making: No information was found.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: According to the Law on Education, all higher education institutions must organise their academic structure according to the state standards of higher education. The language of instruction is Azerbaijani but can also be conducted in foreign languages. For more information, see Multi-level regulations.
Teaching profession: Each institution is responsible for defining the teaching and working conditions of its staff. For more information, see Multi-level regulations.
Fee-setting: See Multi-level regulations.
Admission selection and processes: Admission to Higher Education Institutions (HEIs) in Azerbaijan is centralised by the state, with admission rules published annually on the government's official website.
Quality assurance, monitoring and accountability
Board: According to the state standards of higher education, a higher education institution's governing body consists of a director and a governing council. Self-governing bodies such as students and board of trustees may be established, but are not mandatory.
Reporting requirements: No information was found.
Inspection: See Multi-level regulations.
Assessment: The State Examination Center is responsible for preparing and conducting the university entry examination to enter into higher education.
Diplomas and degrees: See Multi-level regulations.
Sanctions: See Multi-level regulations.
3.2 Multi-level regulations
This section covers regulations on the establishment, operation, and quality of non-state institutions from pre-primary to tertiary education level. The 2009 Law on Education is the main legal framework governing state and non-state actors at all education levels. The 2019 Law on General Education regulates pre-primary, primary and secondary education.
Registration and approval: According to the 2009 Law on Education, educational institutions established by an individual or legal entity must acquire a special permit (license) to operate in Azerbaijan. Every non-state provider must apply to the Ministry of Economic Affairs and comply with the Law on Licenses and Permits and the regulations on additional conditions required for the issuance of a special permit (license). According to the regulations, applications must include the institution's charter and information on its staff. All institutions must comply with the infrastructure and health and safety standards, which vary according to each educational level. The Ministry of Economic Affairs then refers to the Ministry of Education (MoE) to issue licenses for educational institutions. Once a licence has been granted, and within specific time frames established by the state, providers must apply for accreditation with the Agency for Quality Assurance in Education (an entity within the MoE) to ensure compliance with the national educational standards.
To be issued a permit (license), educational institutions must meet the additional conditions set in the law on additional conditions required for the issuance of a special permit (license), which include 1. information on the employees of the educational institution, 2. infrastructure requirements (e.g. space and building standards) and 3) detailed information on the teaching and learning process (e.g. tools, software, provision of learning and teaching materials, etc.).
Licence: All educational institutions must obtain a special permit (license) to carry out educational activities in Azerbaijan. Upon approval and payment of the prescribed fee, private institutions established by legal entities and Azerbaijan nationals are issued licenses for five years. Educational institutions established by foreigners or a foreign legal entity are issued a special permit (license) for three years. According to the Law on General Education and the 2017 Law on Preschool Education, educational institutions must apply for accreditation status to maintain a valid license.
Taxes and subsidies: According to the 2009 Law on Education, the state may provide loans, grants and and benefits to all education institutions (including private institutions) to ensure their development.
Quality of teaching and learning
Curriculum and education standards: Schools at all education levels must follow the national state education standards, which vary according to each education level.
Teaching profession: Teachers in public educational institutions are required to meet minimum professional qualifications and requirements, but it is not clear whether these apply to teachers in private institutions. According to the 2009 Law on Education, the majority of the teaching staff in educational institutions established by foreigners or foreign legal entities must be citizens of the Republic of Azerbaijan.
Fee-setting: According to the 2009 Law on Education, private educational institutions can set their own tuition fees.
Quality assurance, monitoring and accountability
Reporting requirements: All education providers are required to apply for accreditation with the Agency for Quality Assurance in Education every three or five years, depending on the type of license and ownership. According to the 2010 Rules for the accreditation of educational institutions, accreditation is granted once the minimum accreditation requirements are met.
Inspection: Every three and five years, the government carries out an inspection for the re-accreditation of educational institutions.
Diplomas and degrees: According to the 2019 Law about General Education, all students graduating from general education institutions at the general and upper secondary level receive a state educational certificate.
Sanctions: According to the Law on General Education and the 2017 Law on Preschool Education, if an educational institution fails to meet its accreditation requirements, the state may revoke its license. The establishment and liquidation of private general education institutions is regulated by the Civil Code of the Republic of Azerbaijan.
3.3 Supplementary private tutoring
No educational or commercial regulation was found on the regulation of private tutoring services. However, according to research, private tutoring is a common practice in Azerbaijan for students to prepare for the University entrance exam.
No information was found.
Financial operation and quality
No information was found.
Although the Code issued in 2014 does not explicitly mention private tutoring, some articles in the Code may be relevant. For example, Article 3.12 stipulates that, ‘while performing their duties, a teacher should not be engaged in conflict of interest and should not abuse his/her power over students for personal gain’. Articles 4.1.12 and 4.1.13 of the Code additionally state that teachers should not demand any material or non-material benefits in exchange for their professional activities.
