NON-STATE ACTORS IN EDUCATION

 1. Terminology

2. Typology of provision

2.1 State education provision 

2.2 Non-state education provision 

2.3 Other types of schools 

3. Governance and regulations

3.1 Regulations by distinct levels of education

3.2 Multi-level regulations 

3.3 Supplementary private tutoring 

 

  1. Terminology

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 foreigner), or individuals (national, foreigners and/or stateless persons), but it does not provide any specific definition of non-state actors/education. The 2009 Law on Education  and the 2019  Law on General Education covers all educational institutions engaged in the educational process and (or) providing educational services such as non-governmental organizations (NGOs), associations, societies, scientific-methodical councils, and other organizations operating in education.

 

  1. Typology of provision

2.1 State education provision

State schools

In Azerbaijan, 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

No specific institution or regulation was found for non-governmental actors to fund state schools. However, specific programs funded by non-state actors do exist such as the EU for teachers training, capacity building, or grants for state educational institutions or government authorities.

2.2 Non-state education provision

Independent, non-state schools

Private schools are schools established, operated, and financed by private actors and governed by a contractual relationship between the institution, the student, and their parents or legal representatives. Private schools must comply with the national education standards or with internationally accredited programmes. International schools establish 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

The 2009 Law on Education set ‘home education’ and ‘individual learning’ as legal forms of education which must follow the state learning standards. Homeschoolers that want to access higher education must demonstrate their knowledge through the state exam to obtain a recognized certificate allowing them to pass onto the next education level.

Market contracted (Voucher schools)

No information was found.

Unregistered/Unrecognised schools

No information was found.

 

  1. Governance and regulations

The Cabinet of Ministries and the Ministry of Education (MoE) oversee 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 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  freedom of religious beliefs (1992 amended in 2015) religious institutions in accordance with their statutes (regulations), in an order established by the legislation, may establish educational institutions for religious education of youth and seniors and implement the educational process in a prescribed form. Religious schools operate 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 and public-business partnership, with accountable results, transparent and effective regulatory mechanism”. Currently, projects on community-based preschool 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. According to 2017 Law About Preschool Educationpreschool education can be delivered by family-type institutions, nursery-kindergarten, kindergarten, preschool educational institutions, experimental preschool institutions, and community-based learning groups and is organized in levels according to age. The Model Charter of Preschool Education Institution (2012) mentions that “Preschool education is the first step in the implementation of continuous national education and is engaged in the education and preparation of preschool children living in the Republic of Azerbaijan, regardless of gender, race, language, religion, ethnicity, social status, origin, health opportunities”. According to the Charter “Preschool education is divided into public, municipal and private preschools by type of ownership”. However,  most education is provided by state institutions, although non-state preschool institutions have increased in recent years.

Entry/Establishment

Registration and approval: The Model Charter of Preschool Education Institution (2012) set that a pre-school educational institution acquires the status of a legal entity from the moment of its state registration. The preschool has an independent balance sheet, a stamp, a stamp and a form with its name written on it. These enterprises may have bank accounts and other accounts. The legal address of a preschool educational institution shall be indicated in its charter. all preschool institutions must comply with the required numbers of children per group according to age. Family-type and community–based preschools are established according to the Rules of organization of preschool education in family-type, community-based and short-term training groups. For more information, see Multi-level regulations.

Licence: Permits are issued for an indefinite period but are subject to the preschool's institutional accreditation. If a preschool center does not have an accreditation certificate, the permit is revoked (Law About Preschool Education 2017). For more information, see Multi-level regulations.

Financial operation

Profit-making: See Multi-level regulations.

Taxes and subsidies: According to the o Law About Preschool Education (2017), payment for children's maintenance in municipal and private preschools is regulated on a demand-supply basis following the labour market's needs. Additionally, said law establishes that the state creates favourable conditions for attracting local and foreign investment to implement preschool education institutions' innovation and entrepreneurial activities. For more information, see Multi-level regulations.

Quality of teaching and learning

Curriculum and education standards: All preschool institutions must follow the preschool education state learning standard, which includes general learning and development outcomes, content standards, evaluation criteria, and methodological support. (Law About Preschool Education 2017). For more information, see Multi-level regulations.

Teaching profession: Preschool teachers must possess the qualification or experience established by the Law. For more information, see Multi-level regulations.

Equitable access

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: Model Charter of Preschool Education Institution (2012) set that “In order to ensure the democracy and transparency of the management of the preschool educational institution, administrative and self-governing bodies (general meeting, guardians, pedagogical, parents and guardians councils) are established in the institution. Interference of state and local self-government bodies and other organizations, except for education management bodies, in matters related to the management of preschool education institution shall not be allowed.” The highest governing body of a state preschool educational institution is the pedagogical council, which operates on a voluntary basis. The higher governing body in municipal and private preschool educational institutions shall be determined by the charters of those educational institutions

Reporting requirements: According to the Law About Preschool Education (2017) the state exercises control over the compliance of the activities of preschool educational institutions regardless of the type of ownership and organizational-legal form. The state may require preschool institutions with information to incorporate into the database for the management and coordination of activities of preschool educational institutions.

Inspection: See Multi-level regulations.

Child assessment: No information was found.

Sanctions: See Multi-level regulations.

 

Entry/Establishment

Registration and approval: See Multi-level regulations.

Licence: See Multi-level regulations.

Water, sanitation and hygiene (WASH): Institutions must comply with the general sanitary-hygienic norms in order to be granted an operation permit.

Financial operation

Profit-making: No information was found.

Taxes and subsidies: See Multi-level regulations.

Quality of teaching and learning

Curriculum and education standards: In Azerbaijan, all educational institutions, state and non-state, must follow the national educational standards. According to the Law on General Education, international educational programs can be implemented when the educational institutions own appropriate material and technical base and qualified personnel. Educational instructions must be taught in Azerbaijani; however, exceptions such as teaching in foreign languages are admitted based on international agreements, with the state approval and subject to teaching in the Azerbaijani language, and offerting specific subjects, i.e. literature, history, and geography. For more information, see Multi-level regulations.

Textbooks and learning materials: The national education standards determine teaching materials for each specific level of education. The accreditation and reaccreditation process requires institutions to submit information regarding their learning materials and textbooks used by the institution's learning process and model.

Teaching profession: See Multi-level regulations.

Corporal punishment: The Law on Education (2009) ensures students' right to be protected against physical, moral, and psychological violence and acts contrary to human rights.

Other safety measures and COVID-19: The MoE issued additional measures to organize education delivered by schools operating in the Republic of Azerbaijan during the lockdown period which has seen the transition to distance learning. Distance learning took place through the "Virtual School" and other online platforms. Students were also encouraged to watch "Lesson Time" TV lessons.

Equitable access

Fee-setting: See Multi-level regulations.

Admission selection and processes: No information was found.

Policies for vulnerable groups: The Law on General Education establishes that the state must ensure equal opportunities for every citizen to get an education without discrimination based on gender, race, language, religion, political views, ethnicity, social status, health status.

Quality assurance, monitoring and accountability

School board: According to the Law on Education (2009), the school's management is carried out by the rector or director. The institution's Board of Founders appoints the ‘head management’ (director). Schools can include within their governance self-managing bodies to ensure democracy and transparency, such as guardians, parents, general meetings, boards of trustees, etc. Additionally, the Law on General Education specifies that when a foreign citizen or legal entity establishes an institution or more than 51% of the statutory capital or stocks owned by foreigners, the educational 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 Centralized 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 (attestation) of General Education.

Diplomas and degrees:  See Multi-level regulations.

Sanctions: See Multi-level regulations.

 

Higher education consists of state, municipal, or private higher education institutions providing three academic levels, bachelor, master end doctorate level in Azerbaijan. The state provides most higher education with few private university enrolments. In the academic year 2018/2019, private HEIs student enrollment accounts for 9% on the bachelor level and 8% at the Graduate level.

Entry/Establishment

Registration and approval: See Multi-level regulations.

Licence: See Multi-level regulations.

Financial operation

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 organize their academic structure according to the State standard and program of higher education, which provides the number of hours and the necessary skills to develop from higher education learning. The language of instruction is Azerbaijani but can be conducted in foreign languages, considering educational institutions' capabilities. For more information, see Multi-level regulations.

Teaching profession: Each institution must define the teaching and working conditions of its staff. The Law on Education states that when a foreign citizen or legal entity establishes an institution, or when more than 51% of the statutory capital or stocks are owned by foreigners, the educational institution's deputy head must be an Azerbaijani citizen. For more information, see Multi-level regulations.

Equitable access

Fee-setting: See Multi-level regulations.

Admission selection and processes: To enrol in tertiary education, candidates must obtain the Secondary Education Certificate and the State Examination Center's national test entrance examinations (SEC). Admission to Higher Education Institutions (HEIs) in Azerbaijan is centralized under State mandates, and rules are published annually on the government's official website. Candidates must pay a fee to participate in the contest. Winners of high-level contests and international science Olympiads and candidates who received a general education in internationally accredited educational programs can be admitted to higher education institutions.

Quality assurance, monitoring and accountability

Board: According to the State standard and program of higher education, a higher education institution's governing body consists of a rector and a Scientific Council. Self-governing bodies such as students, board of trustees can 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 admission examination to continue to tertiary 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 educational legal framework governing state and non-state actors in all education levels. The 2019 Law about General Education includes regulation for pre-primary, primary and secondary education.

Entry/Establishment

Registration and approval: According to the 2009 Law on Education, educational institutions established by an individual (national, international, or stateless person) or legal entity (national or international) must acquire a special permit (license) to operate in Azerbaijan. Every non-state provider must apply to the Ministry of Economic Affairs following the Law on License and Permits and the regulations on additional conditions required for the issuance of a special permit (license) depending on the activity's nature. According to the regulations, applications must include the educational charter, information on the institutional staff and compliance with the norms on construction, general sanitary-hygienic requirements, and student places according to each educational level. The Ministry of Economic Affairs appeals to the Ministry of Education (MoE) to issue educational activities licenses. Once the operating license is granted and within specific time frames established by the state, providers must apply for accreditation to the Agency for Quality Assurance in Education (an entity within the MoE) to ensure compliance with the national educational standards.

According to the 2002 On the additional conditions required for the issuance of a special permit (license) depending on the nature of the activity, for issuance of special permits (licenses) to educational institutions (preschools, general education institutions (including lyceums and gymnasiums), vocational education institutions, secondary special education institutions, higher education institutions, secondary special education religious institutions, higher religious education institutions) additional conditions required such as 1. information on pedagogical, scientific-pedagogical employees of the educational institution, 2. material and technical base of the educational institution (general and educational area of the building, education, practice, group, number of bedrooms, laboratory, library, sports, music hall, medical office and insulation, kitchen, methodical office, sanitary unit , etc.) and Detailed information on the provision of the educational process (technical support tools, software, methodological support, provision of teaching materials, etc.) and 3 the opinion of the State Committee on Work with Religious Organizations of the Republic of Azerbaijan for implementation of relevant activities by religious educational institutions.

Licence: Every educational institution must obtain a special permit (license) to carry out educational activities in Azerbaijan; the granting period is based on ownership of the educational institution. Upon approval and payment of the prescribed fee, licenses for private educational institutions established by legal entities and Azerbaijan individuals are issued special permits (licenses) for five years. Educational institutions established by foreigners, stateless persons, or a foreign legal entity will be issued a special permit (license) for three years. According to the Law on General Education and the Law About Preschool Education (2017), educational institutions' license without the accreditation certificate is revoked, educational institution must apply for accreditation status to maintain a valid license permit following the Rules for accreditation of educational institutions.

Financial operation

Taxes and subsidies: According to the 2009 Law on Education, the state ensures the creation of a favourable investment climate to attract investment in education, as well as to ensure the development of all educational institutions, including private ones, by providing loans, allocating grants, and providing public educational institutions benefits.

Quality of teaching and learning

Curriculum and education standards: Schools at all education levels must follow the state education standards for the specific level of education.

Teaching profession: Information was found on the professional qualifications and requirements for teachers in public educational institutions. However, it is not clear whether these apply to teachers in private institutions. According to the Law on Education (2009), the majority of the teaching staff of educational institutions founded by foreigners or stateless persons, foreign legal entities must be citizens of the Republic of Azerbaijan.

Equitable access

Fee-setting: According to the Law on Education (2009), a private educational institution can determine the amount of tuition fees in accordance with the educational programs for each level of education.

Quality assurance, monitoring and accountability

Reporting requirements: All providers must apply for accreditation to the Agency for Quality Assurance in Education as a newly established institution and every three or five years, depending on the license type and ownership. According to each educational level, the Rules for accreditation of educational institutions (2010) specify that accreditation is granted based on fulfilling the minimum accreditation requirements.

Inspection: According to the time of licensing and accreditation certification, every three and five years, inspection for re-accreditation of educational institutions at all levels is carried out.

Diplomas and degrees: The 2019 Law about General Education  dictates that every student graduating from general education institutions at the general secondary and upper secondary levels will receive a state education certificate in the form of an electronic document in the "Centralized Educational Information System". The state document on general education is the basis for continuing education or starting work at the next level and level.

Sanctions: According to the Law on General Education and the Law About Preschool Education (2017), if an educational institution fails to fulfil accreditation requirements or re-accreditation, the state will revoke its license. The establishment, reorganization, and liquidation of a private general education institution are regulated by the Civil Code of the Republic of Azerbaijan.

 

3.3 Supplementary private tutoring

No education/commercial regulation was found. However, according to research, private tutoring is a widely common practice in Azerbaijan for students to prepare for the University entrance exam. 

Entry/Establishment

No information was found. 

Financial operation and quality

No information was found. 

Teaching profession

Although the Code issued in 2014 does not explicitly mention tutoring, some articles in the Code may be relevant to it. For example, Article 3.12 stipulates that, ‘while performing teaching 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 indicate that teachers should not demand any material or non-material benefits in exchange for their professional activity. 

Last modified:

Thu, 18/11/2021 - 17:11