Concerning the Education of non-Hungarian Citizens in Hungary

Abstact of Act LXXIX of 1993 on Public Education, as amended

The Parliament has passed the following Act for the purpose of ensuring the possibility to exercise the right to education provided for in the Constitution of the Republic of Hungary, based on equal opportunities, the prevalence of freedom of conscience and of religion, the prevalence of patriotic education in public education, the enforcement of the right of national and ethnic minorities to education in their mother tongue, the enforcement of academic freedom, the freedom of teaching and education, the definition of rights and obligations of children, students, parents and employees of public education, and for directing and operating a public education system which provides up-to-date knowledge:

Chapter 7

Regulations of international concern

Studies of non-Hungarian nationals in Hungary















and continuation of studies commenced abroad in Hungary

Article 110 (1) Non-Hungarian nationals are subject to mandatory schooling in Hungary if they are of minor age without an escort applying for asylum, are refugees, persons temporarily seeking shelter on hungarian territory, asylum-seekers   or immigrated, settled, holders of humanitarian residence permits or are of minor age and hold a residence permit or humanitarian residence permit together with their parents. The fulfilment of these conditions must be demonstrated upon admission of the student to an educational institution.

(2) If the period of residence within the territory of the Republic of Hungary

a) does not exceed one year, then upon parent’s request,

b) does exceed one year, then by the power of this Act, the child shall become subject to mandatory schooling. Stipulations of Section a) are also applicable in the case of holders of residence visas.

(3) As long as they meet the requirements under Paragraph (1), non-Hungarian nationals may receive nursery care, school care and education and pedagogical special services under terms and conditions equivalent to those for Hungarian nationals, as long as they are of compulsory school age, as well as in the course of studies commenced in compulsory school age and continued after leaving school age.

(4) Non-Hungarian nationals holding a Letter of Invitation by the Ministry of Education may receive provisions identified in their Letters of Invitation under terms and conditions equivalent to those for Hungarian nationals.

(5) Children of members of the diplomatic or consular corps operating in Hungary – when they are not covered by Paragraphs (1) and (2) – will be exempted, on the basis of reciprocity, from the payment of compensatory fees and tuition fees specified in this Act. The Ministry of Foreign Affairs will issue a position as to reciprocity matters.

(6) Non-Hungarian nationals not covered by Paragraphs (1) through (4), unless otherwise stipulated in an international treaty or legislation, or in the absence of reciprocity providing gratuitousness, shall pay fees for receiving nursery, school and dormitory provisions and pedagogical special services. Such fees may not exceed the portion of expenses of specialist tasks per student. Heads of public education institutions may reduce or waive such fees in accordance with the regulations set forth by the operator of the institution.

(7) As of the date of the Act announcing the international treaty on the accession of the Republic of Hungary to the European Union entering into force, the nationals of the Member States of the European Communities may receive services identified in this Act under terms and conditions equivalent to those for Hungarian nationals.

(8) The Ministry of Education issues pedagogical systems (education programmes) for the nursery care and school care and education of those identified in Sections (1) and (7).

Article 111. (1) Studies commenced abroad may be continued in the school system of Hungarian public education. The head of the school decides on the recognition of studies and the admission of the student.

(2) If the head of the school can not decide in the question of recognition, he/she shall request the opinion of the Minister of Education, or, in the case of vocational education, the Minister responsible for the qualification.

Chapter 8

Principles of the financing of public education

Free services

Article 114. (1) Free services in the pedagogical-educational institutions operated by the municipalities and state organisations or in the framework of municipal tasks:

a) in nursery

- nursery provision [Article 24. Paragraph (1)] including speech therapy, dyslexia prevention and daily two hours of special provisions for children with special needs if necessary,

- regular health inspection of the children,

- use of the tools and facilities of the nursery for the utilisation of free services;

b) in every case in primary schools or in years establishing the basis of fundamental education, and – with the exceptions determined in Articles 115 and 116 – in vocational schools and secondary schools

- the school lessons [Article 52 Paragraphs (3) through (11)],

- in full-time education during the preparation for first and second qualifications, and within this, and – in the cases identified in Article 27 Paragraphs (8) and (10) – in special education, or during the transfer of knowledge necessary for entering a job or life, the working clothes, personal protective devices (protective garment) and sanitary tools provided during practical education;

- in grades one to ten the repetition of the grade, in grades eleven to thirteen and vocational education grade the repetition of the grade for the first time, and the repetition of the grade for the second and further times if it not the result of the non-fulfilment of education requirements;

- after-school activities organised in the time frame determined in Article 52. Paragraph (7), including study and vocational competitions, student days, choir, quire, other art activities listed in the pedagogical programme, school sport club, everyday physical training, school championships and inter-school competitions and championships;

- supervision before the start of teaching and during the meal and until the end of the tenth grade day-care and study room provision;

- admission exams, end-of-year exams, intermediary exams, differential exams, make-up exams, vocational aptitude tests, professional aptitude tests;

- during student status the general knowledge examination, school-leaving exam, first and second vocational exams; and in the case of exams started during student status supplementary exam and the first make-up exam;

- the use of school facilities (library, laboratory, information technology centre, sports and leisure facilities) and equipment used in free services;

c) in dormitories in the case of participation in education identified in Section b)

- dormitory classes [Article 53 Paragraph (7)];

- the provision of accommodation according to professional norms determined by regulations;

- continuous pedagogical and regular health supervision;

- the usage of dormitory facilities (library, laboratory, information technology centre, sports and leisure facilities etc.) used in free services;

- in the case of students with special needs the provisions required by their condition.

(2) In the case of students with special needs participation in education and dormitory provisions are always free.

(3)   Preparatory classes [Article 30. Paragraph (6)] and pedagogical special services (Article 34.) are free.

(4) In the scope of free services activities connected to the execution of pedagogical or educational program, serving the understanding, processing of the curriculum prescribed for everyone, and daily physical training, cultural, art, sports or other activities outside the school, trips, open-air school may be organised at the expense of the budget of the educational institution. The school board – in its absence the parental board (community) of the school and the student board of the school – may determine the maximum amount that can not be exceeded in the case of programmes organised by the institution and not belonging in the scope of free services.

Fees

Article 115. (1) Services requiring the payment of fee in the pedagogical-educational institutions operated by the municipalities and state organisations, or in the framework of municipal tasks:

a)

b) after-school activities not listed in Article 114, day-care and study-room from the eleventh grade of school education and during the vocational education grades of schools;

c) in institutions providing primary art education

- six lessons per week for the learning of the practice and theory of the primary subject, the annual hearing (exam) and artistic performance, repetition of the grade once – due to failure to fulfil educational requirements,

- use of school facilities and equipments for these services;

d) – with the exception of education organised in full-time setting – in adult education the services listed in Article 114. Paragraph (1) Sections b) and c) from the eleventh grade of secondary grammar schools and secondary vocational schools, and during the acquisition of the first qualification in secondary vocational schools or in vocational education grade;

e) from the eleventh grade of secondary grammar schools and secondary vocational schools and in secondary vocational schools or vocational school during vocational education grade the second repetition of a grade due to non-fulfilment of educational requirements, the services   listed in Article 114. Paragraph 1 Sections b) and c);

f)

(2) Provisions of Paragraph (1) Section e) shall also be applicable to those participating in adult education.

(3) The child or student pays a fee for meals in the pedagogical-educational institutions as determined by regulations.

Tuition fees

Article 116. (1) Services requiring the payment of tuition fee in the pedagogical-educational institutions operated by the municipalities and state organisations, or in the framework of municipal tasks:

a)          in institutions providing primary art education school classes above those determined in Article 115., above the age of 22 every school class;

b)          the provisions listed in Article 114. Paragraph (1) Sections b) and c) with the exceptions listed in Articles 114 and 115;

c)          in nursery, school and dormitory the care and education not connected to the care or pedagogical program or the local school plan (base activity) and other provisions connected to these;

d)          from the eleventh grade of secondary grammar schools and secondary vocational schools and in secondary vocational schools or vocational schools during vocational education grade the third and further repetitions of the grade due to non-fulfilment of educational requirements, the services listed in Article 114. Paragraph 1 Sections b) and c);

e)          general knowledge exam, school-leaving exam and vocational exam started after the expiry of student status – including corrective exam and make-up exam – and in the case of exam started but not finished during student status the second and further make-up exams.

(2) Provisions of Paragraph (1) Section d) and e) shall also be applicable to those participating in adult education.

The amount of fees and tuition fees

Article 117. The fee for one school year – expressed in terms of the expenditure for the specialist task, calculated for one person, at the beginning of the school year – shall be

a)        fifteen to twenty-five percent in the case identified in Article 115. Paragraph (1) Section b);

b)        five to ten percent in the case identified in Article 115. Paragraph (1) Section c), for students under the age of eighteen;

c)        fifteen to thirty percent in the case identified in Article 115. Paragraph (1) Section c), for students above the age of eighteen but under the age of twenty-two;

d)        twenty to forty percent in the case identified in Article 115. Paragraph (1) Section d);

e)        twenty-five to fifty percent in the case identified in Article 115. Paragraph (1) Section e).

(2) The fees must be decreased on the basis of achievements as determined by the operator.

(3) The tuition fee may not exceed the portion of expenses of specialist tasks per student calculated at the beginning of the school year. The tuition fee – with the exception of care or education on entrepreneurial basis – must be decreased on the basis of achievements.

(4) The operator determines the regulations – with the exception of care or education on entrepreneurial basis – that form the basis of the decision of the head of the nursery, school or dormitory in further exemptions from fees apart from those identified in Article 114, the amount of fees and tuition fees, allowances on the basis of achievements or social situation and the way of payment.

(5) If care or education is provided on entrepreneurial basis according to funding certificate and in the case of services connected to such activities the head of the nursery, school or dormitory decides on tuition fees, allowances and way of payment.