REPUBLIC OF LITHUANIA
LAW ON EDUCATION
25 June 1991 No I-1489
Vilnius
(As last amended on 21 December 2017 – No XIII-955)
Education is an activity intended to provide an individual with a basis for a worthy independent life and to assist the individual in the continuous cultivation of abilities. Every person has an inherent right to learn. Education is a means of shaping the future of an individual, the society and the State, based on the acknowledgement of the indisputable value of the individual, his right of free choice and moral responsibility, as well as on democratic relationships and the country's cultural traditions. Education protects and creates national identity, guarantees continuity of the values that make a person's life meaningful, grant social life coherence and solidarity, and promote development and security of the State. Education serves its purpose best when its advancement leads the overall development of society. Education is a priority area of societal development that receives State support.
Article 1. Purpose of this Law
1. This Law shall establish the goals of the education of the Republic of Lithuania, the principles of the educational system, the foundations of the structure of the educational system, educational activities and educational relationships as well as obligations of the State in the area of education.
2. The provisions of this Law shall apply in as much as they are not in contradiction to the provisions of the Law of the Republic of Lithuania on Fundamentals of Protection of the Rights of the Child, the Law of the Republic of Lithuania on Protection against Domestic Violence, the Law of the Republic of Lithuania on the Provision of Information to the Public, the Law of the Republic of Lithuania on the Protection of Minors against Detrimental Effect of Public Information regulating the safety of public information, prevention and control of violence
Article 2. Definitions
1. Accreditation – the procedure in the course whereof an authorized institution recognises that an evaluated education programme, education provider meets the set requirements.
3. Formal education – education implemented according to education programmes approved and registered in accordance with a procedure laid down by legal acts of the Republic of Lithuania, the completion of which results in the attainment of primary, basic, secondary or higher education and/or a qualification, or in the recognition of a competence necessary to carry out work or fulfil a function regulated by the law.
4. Education level – personal development, competence, qualification of a particular level recognised in accordance with the procedure laid down by legal acts of the Republic of Lithuania.
5. Career – the totality of individual’s learning, self-expression and work activities and roles during his entire life, meaningful for that individual and society.
7. Competence – capability to perform a certain activity on the basis of the entirety of acquired knowledge, abilities, skills and values.
8. Qualification – the totality, recognised in accordance with the procedure laid down by legal acts of the Republic of Lithuania, of person’s possessed competences or professional experience and possessed competences necessary for a certain activity.
9. Freelance teacher – a natural person engaged in activity of an education provider on an individual basis.
10. Lithuanian Qualifications Framework – a system of levels of qualifications set in the Republic of Lithuania and based on the competences necessary for person’s activities.
11. Lithuanian studies – teaching of the Lithuanian language, history, culture of the State of Lithuania and introduction into the present of Lithuania as well as creation of conditions for self-expression in the Lithuanian language in a foreign state.
12. School – a legal person, a branch of a legal person or any other organisation of a Member State, established in the Republic of Lithuania according to the procedure laid down by legal acts, whose main activity is formal and/or non-formal education.
13. School community – the teachers, learners, learners’ parents (guardians, curators) and other persons in a single school, connected by teaching relationships existing at that school and by common educational goals.
14. School maintenance funds – funds indirectly associated with the education process for the school's physical plant management and operation, learners’ transportation and funds allocated to cover other maintenance costs.
15. Teaching funds – funds directly necessary in respect of the education process, i.e. funds allocated for salaries in accordance with the Teaching Plan, in-service training of teachers and other persons involved in the training process, textbooks and other teaching aids as well as the organisation and administration of the training process, the school library, psychological, special-pedagogical, special and social-pedagogical assistance, vocational counselling, health improvement activities carried out by schools and other training needs.
16. Form of learning – mode of the organisation of learning offered by an education provider and chosen by a learner.
18. Teacher – a person who educates learners according to formal or non-formal education programmes.
19. Non-formal education – education according to a variety of programmes geared to satisfy education needs, provide in-service training and acquire an additional competence, with the exception of formal education programmes.
20. Non-state school – a school the owner or one of stakeholders of which is not the State or a municipality.
21. Pedagogue – a person who has acquired the higher education (the post-secondary education acquired before 2009 or the specialized-secondary education acquired before 1995) as well as the qualification of a pedagogue.
22. Qualification of a pedagogue – the totality, recognised in accordance with the procedure laid down by legal acts of the Republic of Lithuania, of person’s possessed competences or professional experience and possessed competences necessary for training learners.
221. Preventive programme – the totality of planned and systematic measures with the aim of strengthening protective factors of learner’s personality and environment and reducing the impact of risk factors.
23. Compulsory education – compulsory State-guaranteed education until the age of 16 of citizens of the Republic of Lithuania residing in the Republic of Lithuania and aliens having the right of permanent or temporary residence in the Republic of Lithuania according to pre-primary, primary and basic education curricula.
24. Informal education – independent learning based on information a person obtains from various sources and his practical experience.
25. Municipal school – a school the owner or one of stakeholders of which is a municipality (where the State does not participate in the capacity of stakeholder).
251. Violence – as defined in the Law of the Republic of Lithuania on Protection against Domestic Violence. The said Law shall cover the following forms of violence:
1) bullying – deliberate repeated actions in respect of a person carried out by another person or a group of persons having psychological or physical advantage with the purpose of degrading the former’s reputation or dignity, hurting, offending him or causing psychological or physical damage to him in any other way;
2) cyberbullying – bullying from any other person using information technologies and/or the means of informing the information society with the purpose of intimidating that person, damaging his reputation or humiliating him in any other way, regardless of the fact whether information containing bullying is sent to the person personally or disseminated to an indefinite number of information recipients;
3) child neglect – a persistent deficit in meeting a child’s physical and emotional needs by a child’s statutory representative and/or a person responsible for providing care for a child or failure to meet such needs endangering the child’s physical, mental, emotional and social health and development.
26. Special educational needs – need for assistance and services in the course of the training process, arising from person’s exceptional capabilities, congenital or acquired disorders, adverse environmental factors.
27. Education – training and the provision of education; informal education; also the totality of activities of learners, their parents (guardians, curators), educational institutions, teachers and other education providers, educational assistance specialists.
29. Educational assistance – assistance provided by specialists to learners, their parents (guardians, curators), teachers and education providers, the aim of which is to increase effectiveness of education.
30. Educational assistance establishment - an establishment the main activity of which is the provision of educational assistance.
31. Education programme – description of pre-defined formal or non-formal education endeavours aimed at the achievement of a set result.
33. Education monitoring – continuous analysis, assessment and forecasting of the state of and changes in education.
34. Education provider – a school, a freelance teacher or any other education provider (establishment, enterprise, organisation as well as a legal person or any other organisation of a Member State, or their branches established in the Republic of Lithuania whose main activity is other than education) that is entitled to provide educational services in accordance with the procedure laid down by laws of the Republic of Lithuania.
35. Training – the cultivation of moral, intellectual, physical capacity through communication and teaching.
36. Member State shall mean any Member State of the European Union or another country of the European Economic Area.
38. Universally available education – education guaranteed by the State to all citizens of the Republic of Lithuania and aliens having the right of permanent or temporary residence in the Republic of Lithuania.
Article 3. Goals of education
The goals of education shall be as follows:
1) to develop a person's values enabling him to become an honest, knowledge-seeking, independent, responsible and patriotically-minded human being; to cultivate the communication skills important in modern life; to assist in internalising the information culture characteristic of the knowledge society, by providing for command of the state language, foreign languages and the native language, information literacy as well as modern social competence and the skills to shape one’s own life independently and to live a healthy lifestyle;
2) to identify a person's creative abilities and upon this basis to help him acquire competences and/or a qualification conforming to contemporary culture and technology and assisting him to get established and successfully compete in the shifting labour market; to convey the basics of technological, economic and business culture necessary to ensure the progress, competitiveness and sustainable development of the country's economy; to create conditions for continually satisfying cognitive needs as well as improving oneself through life-long education;
3) to reinforce the capability of society to ensure sustainable development of the country's economic, environmental and human resources, internal and external economic competitiveness, national security and the advancement of a democratic state;
4) to convey to a person the basics of national and ethnic culture, the traditions and values of the humanistic culture of Europe and of the world, to foster the maturation of a person's national identity, moral, aesthetic and scientific culture as well as personal outlook; to guarantee the continuity of ethnic and national culture, the preservation of its identity and continuous renewal of its values; to promote the country’s openness and inclination for dialogue;
5) to ensure conditions enabling a person to acquire the basics of civic and political culture that embody democratic traditions, and to develop the abilities and experience needed by a person as a competent a citizen of the Republic of Lithuania, a member of the European and global community as well as of a multi-cultural society.
Article 4. Education content
1. The education content shall be consist of what is taught and studied, how it is taught and studied, how the progress and achievements of learners, what teaching and learning aids are used.
2. The education content shall be developed for the achievement of the goals of education specified in Article 3 of this Law. Specific education content shall be formed and systematically updated taking into account the training, education and study goals set for a group or school of a particular type, the needs of Lithuanian society as determined by changes in the social and cultural environment, the needs of the local and the school community, also the experience, education needs and interests of learners and students.
3. The requirements specified in paragraphs 1 and 2 of this Article shall be adhered when developing education programmes or their modules designed for pre-school, pre-primary, general education, vocational education and training, higher education, teaching plans or study field regulations, learning achievements check programmes, textbooks, other teaching aids and additional teaching materials.
Article 5. Education system principles
The principles upon which the educational system is based shall be as follows:
1) equal opportunities – the educational system is socially fair, it ensures the implementation of person’s rights, it guarantees the access to education for any person ,the attainment of a general education level and a primary qualification, and creates conditions to improve the acquired qualification or gain a new qualification;
2) contextual interrelationship – the education system is closely related to the context of the country’s economic, social and cultural development, is constantly adjusted to those developments and meets the continuously changing needs of society;
3) effectiveness – the educational system pursues high-quality results by rationally and economically using available resources; by continuously evaluating, analysing and planning its activity; and by relying on effective management, i.e. proper and timely decisions;
Article 51. Good repute
A person may not be considered to be of good repute if at least one of the following conditions exists:
1) he has been convicted of a serious and (or) grave crime, irrespective of whether the conviction has expired or has been expunged, he has been convicted of another premeditated, provided that the conviction has not expired or has not been expunged;
2) he was dismissed from office for an official misconduct or for a violation of his employment duties or discipline and less than three years have elapsed since the said dismissal;
Article 6. Education system
The education system of Lithuania shall comprise the following:
1) formal education (primary, basic, secondary education, formal vocational education and training and higher education studies);
2) non-formal education (pre-school, pre-primary, other non-formal education of children (as well as the teaching supplementing the formal education) and of adults);
Article 7. Pre-school education
1. The purpose of pre-school education shall be to help a child satisfy inherent, cultural (including ethnic), social and cognitive needs.
2. Pre-school education shall be carried out at home and at the request of the parents (guardians) – in accordance with a pre-primary education curriculum. Pre-school education of children may be compulsory in accordance with the procedure and in the cases laid down by the Minister of Education and Science and the Minister of Social Security and Labour.
3. Pre-school education shall be provided to a child from his birth until the commencement of provision of pre-primary education.
4. The pre-school curriculum, prepared in compliance with the criteria of pre-school curricula approved by the Minister of Education and Science, shall be implemented by pre-school education schools, general education schools, freelance teachers or other education providers.
5. A pre-school age child trained under the pre-school education curriculum and his parents (guardians, curators) shall be provided complex educational assistance, social support, healthcare services in accordance with the procedure laid down by the Minister of Education and Science, the Minister of Social Security and Labour and the Minister of Health.
Article 8. Pre-primary education
1. The purpose of pre-primary education shall be to help a child prepare for successful learning according to the primary education curriculum.
2. Pre-school education shall be carried out according to a one-year general pre-primary education curriculum approved by the Minister of Education and Science. Pre-primary education shall be carried out by pre-primary education schools, general education schools, freelance teachers or other education providers in compliance with the procedure laid down by the Minister of Education and Science.
3. The provision of pre-primary education to a child shall start when a child reaches the age of 6 on the calendar year. Pre-primary education may be provided at an earlier age at the decision of the parents (guardians), but not earlier than until he reaches the age of 5.
4. A pre-primary age child trained under the pre-primary education curriculum and his parents (guardians, curators) shall be provided complex educational assistance, social support, healthcare services in accordance with the procedure laid down by the Minister of Education and Science, the Minister of Social Security and Labour and the Minister of Health.
Article 9. Primary education
1. The purpose of primary education shall be to provide an individual with the basics of moral and social maturity, the basics of culture (including ethnic culture) and with elementary literacy, as well as to assist him in preparing for learning according to the basic education curriculum.
2. Primary education shall be carried out pursuant to four-year primary education curricula. The said curricula shall be implemented in compliance with the Description of the Primary Education Curriculum, the General Curriculum Framework for Primary Education, general teaching plans which are approved by the Minister of Education and Science. Primary education may be carried out together with art, music, artistic, sports or other education.
3. Education of a child according to the primary education curriculum shall start when he turns 7 in that calendar year. At the decision of the parents (guardians), the provision of primary education may start one year earlier than the age specified in paragraph 3 of Article 8 of this Law.
5. Primary education curricula shall be carried out by general education schools and other schools or any other education provider.
7. A learner trained under the primary education curriculum and his parents (guardians, curators) shall be provided complex educational assistance, social support, healthcare services in accordance with the procedure laid down by the Minister of Education and Science, the Minister of Social Security and Labour and the Minister of Health.
Article 10. Basic education
1. The purpose of basic education shall be to provide an individual with the basics of moral, sociocultural and civic maturity, general literacy, the basics of technological literacy, to cultivate national consciousness, to foster an intent and ability to make decisions and choices and to continue learning.
3. Basic education shall be carried out pursuant to six-year basic education curricula. The first part of the basic education curricula shall encompass four-year basic education phase and the second part - two-year basic education phase. Basic education curricula shall be implemented in compliance with the Description of the Basic Education Curriculum, the General Curriculum Framework for Basic Education, general teaching plans approved by the Minister of Education and Science. The second part of basic education curricula may include modules of vocational training programmes which will be credited when continuing learning in compliance with vocational training programmes in accordance with the procedure laid down by the Minister of Education and Science. Basic education may be carried out together with art, music, artistic, sports or other education.
4. Basic education shall be acquired upon completion of the basic education curriculum and check of his learning achievements, with the exception of cases where a person is exempted from the check of learning achievements in the cases set out by the Minister of Education and Science.
5. A learner trained under the basic education curriculum and his parents (guardians, curators) shall be provided complex educational assistance, social support, healthcare services in accordance with the procedure laid down by the Minister of Education and Science, the Minister of Social Security and Labour and the Minister of Health.
Article 11. Secondary education
1. The purpose of secondary education shall be to assist a person in the acquisition of general academic, sociocultural and technological literacy, moral, national and civic maturity, and the basics of vocational competence.
2. State-guaranteed universally available secondary education shall be provided to learners who have acquired the basic education.
3. Secondary education shall be carried out pursuant to two-year secondary education curricula. The said curricula shall consist of compulsory and elective subjects of general education and available modules of vocational training programmes. Basic education curricula shall be implemented in compliance with the Description of the Secondary Education Curriculum, the General Curriculum Framework for Secondary Education, general teaching plans approved by the Minister of Education and Science. Secondary education may be carried out together with art, music, artistic, sports or other education. If the secondary education curriculum is carried out together with the vocational training programme, both curricula may be carried out longer than two years.
4. Modules of vocational training programmes may be credited into the secondary education curriculum if continuing learning in compliance with vocational training programmes in accordance with the procedure laid down by the Minister of Education and Science.
5. Secondary education shall be acquired upon completion of the secondary education curriculum and passing of matura examinations, with the exception of cases where a person is excused from matura examinations in the cases set out by the Minister of Education and Science.
6. A learner trained under the secondary education curriculum and his parents (guardians, curators) shall be provided complex educational assistance, social support, healthcare services in accordance with the procedure laid down by the Minister of Education and Science, the Minister of Social Security and Labour and the Minister of Health.
Article 12. Vocational education and training
1. The purpose of vocational education and training shall be to assist a person in the acquisition, change or upgrading of qualification and preparation for participation in the changing labour market.
2. Vocational education and training may be initial vocational education and training or continuing vocational education and training.
3. Primary vocational education and training shall be formal, universally available and intended for the acquisition of the first qualification. It shall be provided to learners who have acquired basic or secondary education. In the case of learners who have acquired basic education it may be provided in parallel with secondary education. Initial vocational education and training may also be provided to students who have not acquired basic education and are at least 14 years of age. A learner who has not acquired the basic education shall be provided with the conditions to continue education according to the basic education curriculum. In separate cases, set out in the list, approved by the order of the Minister of Education and Science, of general criteria for admission to a state and a municipal general education school, vocational training school, vocational education and training may be provided to learners with special educational needs even without a required education level.
4. Continuing vocational education shall be provided to a person who has the first qualification or the higher education qualification. It shall be intended to improve the acquired first qualification or to acquire a new one, or to acquire competences meeting the vocational standard with the aim of acquiring another qualification (or part thereof). Continuing vocational education shall comprise formal and non-formal vocational education of persons.
5. A person who has completed a vocational training curriculum and/or has received in a prescribed manner the assessment of the competences he acquired shall be awarded the qualification of an appropriate level.
6. Vocational education and training shall be set by the Law of the Republic of Lithuania on Vocational Education and Training (hereinafter: the ‘Law on Vocational Education and Training’).
7. A learner trained under the vocational education curriculum and his parents (guardians, curators) shall be provided complex educational assistance, social support, healthcare services in accordance with the procedure laid down by the Minister of Education and Science, the Minister of Social Security and Labour and the Minister of Health.
Article 13. Higher education studies
1. The purpose of higher education studies shall be to assist an individual in the acquisition of a higher education qualification corresponding to a modern level of knowledge and technologies and meeting demands of economy as well as in the preparation for an active professional, social and cultural life.
2. Higher education studies shall be universally available. Such studies shall be provided to a person who has acquired at least secondary education, has enrolled in a higher education institution and is capable to study independently.
3. Higher education studies shall be carried out in compliance with accredited study programmes. A student may study in parts in higher education institutions. Part studies and acceptance of study outcomes shall be defined by the Law of the Republic of Lithuania on Higher Education and Research (hereinafter: the ‘Law on Higher Education and Research’).
4. Upon completion of a higher education study programme, a higher education qualification shall be acquired, which corresponds to the level determined in the Lithuanian qualifications structure.
Article 14. Education of learners with special educational needs
1. The purpose of education of learners with special educational needs shall be to help a learner learn and to be trained according to his abilities, attain an education level and acquire a qualification, by recognising and developing his abilities and capacities. Education of learners with special educational needs shall be organised in accordance with the procedure laid down by the Minister of Education and Science.
2. Groups of learners with special educational needs shall be determined and their special educational needs shall be divided into minor, moderate, major and severe according to the procedure laid down by the Minister of Education and Science, the Minister of Health, the Minister of Social Security and Labour.
3. Primary evaluation of learners' special educational needs shall be executed by a child welfare commission. Special educational needs of a learner (except those occurring because of exceptional talents) shall be evaluated by a pedagogical psychological service from pedagogical, psychological, medicinal and socio-pedagogical aspects; special education shall be assigned by the head of a pedagogical psychological service and in certain cases – by the school principal with the consent of the parents (guardians, curators) in accordance with the procedure laid down by the Minister of Education and Science.
4. The procedure for organising activities of pedagogical psychological services shall be laid down by the Minister of Education and Science, after consultation with the Minister of Health.
5. When necessary general education curricula, vocational training programmes shall be adapted to learners with special educational needs in accordance with the procedure specified in paragraph 1 of this Article, while study programmes shall be adapted in accordance with the procedure laid down by a higher education institution.
6. Learners with special educational needs may complete formal education programmes within a period of time shorter or longer than the period of time set for such programmes; they may study at intervals, complete the said programmes by way of separate modules. Learners with major and severe special educational needs may study in general education schools (classes) designated for learners with special educational needs until the age of 21.
7. Education of learners with special educational needs shall be implemented by all schools that provide compulsory and universally available education, other education providers and, in certain cases, by schools (classes) designated for education of learners with special educational needs.
8. Children and persons under 21 years of age who have special educational needs and who are trained (educated) under the pre-school, pre-primary, primary, basic, primary vocational education curricula and their parents (guardians, curators) shall be provided complex educational assistance, social support, healthcare services in accordance with the procedure laid down by the Minister of Education and Science, the Minister of Social Security and Labour and the Minister of Health.
Article 15. Other non-formal education of children
1. The purpose of non-formal education of children shall be to satisfy learners' cognition, development and self-expression needs, and to help them become active members of society; the purpose of teaching supplementing the formal education – to systematically increase knowledge in a certain field according to long-term programmes, to strengthen abilities and skills and to provide a person with additional subject-related competences.
2. Children’s non-formal education programmes shall be implemented by schools of non-formal education of children and other educational institutions, freelance teachers and other education providers. Non-formal education of children shall also include the teaching supplementing the formal education, which is carried out by schools of music, art, other arts, and sports. The Minister of Education and Science shall lay down general criteria for non-formal education programmes financed from state or municipal budgets.
3. Schools implementing children's non-formal education and formal education programmes shall be attributed to formal education schools of an appropriate group and/or type. Individuals who seek to attain a higher education level in the area of music, art, arts, sports must, in addition to secondary education, complete a relevant non-formal education programme confirmed by the Minister of Education and Science, if such a requirement is established in the description of the admission to a higher education school.
4. During school vacations children’s non-formal education programmes shall be carried out in accordance with the procedure laid down by the institution (the meeting of the participants) implementing the rights and duties of the owner of a state and a municipal school – a budgetary and public establishment, or by the owner (the meeting of the participants) of other schools or by the education provider.
5. A children’s non-formal education programme may be recognised as part of a formal education programme (except study programmes) in accordance with the procedure laid down by the Minister of Education and Science or as part of a study programme - in accordance with the procedure laid down by a higher education institution.
Article 16. Non-formal adult education
1. The purpose of non-formal adult education shall be to provide an individual with conditions for life-long learning, meeting the needs of cognition, upgrading an acquired qualification and acquiring additional qualifications.
2. Non-formal education of adults shall be provided to each individual who has chosen this kind of education and is at least 18 years of age.
3. Non-formal education of adults may be provided by all education providers in accordance with the procedure laid down by legal acts. The Minister of Education and Science shall lay down general criteria for non-formal education programmes financed from state or municipal budgets.
4. A competence acquired through non-formal education may be recognised as a completed part of the formal education programme (except study programmes) in accordance with the procedure laid down by the Minister of Education and Science or as part of a study programme - in accordance with the procedure laid down by a higher education institution.
Article 17. Informal education
1. The purpose of informal education shall be to provide an individual with possibilities for continuous independent learning supported by the surrounding information space (libraries, mass media, internet, museums, etc.) and life experience gained from other persons.
2. A competence acquired through informal education may be recognised as a completed part of the formal education programme (except study programmes) in accordance with the procedure laid down by the Minister of Education and Science or as part of a study programme - in accordance with the procedure laid down by a higher education institution.
Article 18. Vocational guidance and informational assistance of education
1. Purpose of vocational guidance shall be, by providing career education, information and counselling services, to help a person choose education and employment opportunities suited for him, facilitate his acquiring of career competences and actively build his own career.
2. Vocational guidance shall be provided in general education schools, vocational training and other educational institutions, vocational guidance centres and other institutions in accordance with the procedure laid down by the Minister of Education and Science together with the Minister of Social Security and Labour, and in higher education schools – in accordance with the procedure laid down by these schools.
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2. Vocational guidance shall be provided together with social partners in general education schools, vocational training and other educational institutions
3. The purpose of informational assistance of education shall be to help the school and other education provider, teachers, learners, all citizens and residents of the Republic of Lithuania to obtain information about education, its quality, demand for a particular attained education level on the labour market.
4. Informational assistance of education shall comprise the development and implementation of informational education programmes as well as the creation and maintenance of a system of information networks. Informational assistance shall guarantee continuous and accessible information about possibilities for attaining a needed education.
5. Informational assistance of education at national, municipal, school level shall be provided by institutions of education, culture, science and other institutions as well as by individuals.
6. Career specialists shall provide career education, information and counselling services at schools of general education, vocational training establishments and other educational institutions, higher education institutions, career guidance centres and other institutions, maintain relationships with employers, provide consultations to pupils of vocational training establishments and students of higher education institutions regarding employment opportunities according to an acquired qualification, participate in carrying out career monitoring of persons who have completed vocational training and study programmes. Requirements for education and/or professional knowledge of a career specialist shall be laid down by the Minister of Education and Science in consultation with the Minister of Social Security and Labour and the Minister of Economy.
Version valid as of 1 January 2019:
Version valid as of 1 January 2019:
Version valid as of 1 January 2019:
Article 19. Psychological help
1. The purpose of psychological help shall be to reinforce psychological strength and mental health of learners, to foster by preventive measures the creation of a safe environment favourable for education, to help learners regain emotional harmony, the ability to live and to learn, by actively cooperating with their parents (guardians, curators).
2. Psychological help to a learner who experiences personal and learning problems as well as to a learner who is abusive or has been subjected to violence shall be universally provided by assistance providers co-operating with and providing consultations to the learner’s parents (guardians, curators) and teachers.
3. Psychological help shall be provided and prevention of psychological problems shall be carried out by psychologists of pedagogical psychological services, schools who have the bachelor’s and master’s qualification degrees in psychology or the master’s qualification degree in psychology after completion of the integrated studies or who have a higher education qualification equated in accordance with the procedure laid down by the Minister of Education and Science or a qualification acquired abroad which is recognised as equivalent in accordance with the procedure laid down by legal acts. The procedure for providing psychological help shall be laid down by the Minister of Education and Science.
Article 20. Social pedagogical assistance
1. The purpose of social pedagogical assistance shall be to help the parents (guardians, curators) so that the child’s right to education be exercised, to ensure the child’s safety at school: to eliminate reasons because of which a child cannot attend the school or avoids attending the school; to return drop-outs to school; to help a child (in co-operation with the parents (guardians, curators)) choose a school according to his mental and physical abilities and to adapt at school.
2. When providing social pedagogical assistance to learners, the school shall co-operate with social assistance services, healthcare institutions and law enforcement institutions and shall provide consultations to students' parents (guardians, curators) and teachers.
3. Social pedagogical assistance shall be provided at educational institutions, residential institutions for children and other agencies or organizations by social pedagogues who work there and whose education and qualification satisfy the requirements laid down by the Minister of Education and Science. The procedure for providing social pedagogical assistance to children and learners shall be laid down by the Minister of Education and Science.
Article 21. Special-Pedagogical Assistance and Special Assistance
1. The purpose of special-pedagogical assistance and special assistance shall be to increase the effectiveness of learning for individuals with special educational needs.
2. Special-pedagogical assistance to persons under 21 years of age shall be provided by special pedagogues, speech therapists, tiflopedagogues, surdopedagogues and other specialists whose education and qualifications satisfy the requirements laid down by the Minister of Education and Science. The procedure for providing special-pedagogical assistance for persons under 21 years of age laid down by the Minister of Education and Science.
3. Special assistance shall be provided at school to individuals in need of such assistance. He shall be provided with services of translating the verbal language into the sign language, text reading and summarizing, which increase education accessibility. The procedure for providing special assistance at schools (except higher education institutions) shall be laid down by the Minister of Education and Science. Special assistance shall be provided at a higher education institution in accordance with the procedure laid down by the higher education institution.
Article 22. Healthcare in schools
1. The purpose of healthcare in schools shall be to protect and improve health of learners, by actively cooperating with their parents (guardians, curators).
2. Healthcare at schools shall comprise public healthcare activities carried out by municipalities regulated by the Law of the Republic of Lithuania on Healthcare.
3. The procedure for organising the public healthcare in schools (with the exception for higher education institutions) shall be defined by the Minister of Health together with the Minister of Education and Science. Schools may implement only those learners’ health promotion programmes which are approved by the Ministry of Education and Science, other ministries or municipal institutions.
4. Personal healthcare shall be executed in schools designated for learners with special educational needs in accordance with the procedure laid down by legal acts.
5. The State shall encourage and support the initiatives of legal and natural persons as well as legal persons or other organisations, or their branches established in a member state, which help to protect and improve health of learners in Lithuania.
6. Schools shall develop and implement health improvement programmes. Such programmes may be supported with funds of state and/or municipal target programmes on public health support, and other funds.
Article 23. Assistance to the school and the teacher
1. The purpose of assistance to the school and the teacher shall be to provide informational, expert, consulting, psychological and upskilling assistance that increases the efficiency of education and promotes school development and teachers’ professional growth.
2. The school and the teacher shall be helped to improve their activities, seek a better quality of education through consulting, executing by the school its activity quality and external evaluation as well as through creating conditions for in-service training.
3. At a municipality, the coordination of co-ordinately-rendered educational assistance, social and healthcare services to children from their birth until they reach 18 years of age (for those having major and severe special educational needs – until they reach 21 years of age) and to their parents (guardians, curators) shall be guaranteed a civil servant of the municipal administration who is a coordinator of interinstitutional cooperation and the qualification requirements shall be established by the Minister of Education and Science together with the Minister of Social Security and Labour and the Minister of Health. A coordinator of interinstitutional cooperation shall:
1) coordinate the rendered educational assistance, social and healthcare services to children and their representatives under law in the municipality, determine the need for this assistance and services;
2) initiate and, together with the organizational units of the municipal administration, other institutions and organizations, draw up a plan for the development of co-ordinately-rendered educational assistance, social and healthcare services, establish a group of specialists rendering social support and healthcare services;
3) carry out the supervision of accessibility and quality of co-ordinately rendered educational assistance, social and healthcare services in compliance with the monitoring indicators and arrangements of accessibility and quality of the co-ordinately rendered educational assistance, social and healthcare services as set out by the Minister of Education and Science together with the Minister of Social Security and Labour and the Minister of Health;
4) inform local community about the possibilities for children and their representatives under law to receive educational assistance, social or healthcare services at the municipality;
6) perform the functions of the chairman of the municipal administration’s Commission on the Welfare of the Child;
4. Up-skilling of educational staff members shall be a constituent part of non-formal education of adults. At least once every four years educational staff members must improve their skills in the field of development of learners’ social and emotional competences. Improvement of skills of educational staff members of state (except employees of high education institutions) and municipal educational institutions shall be carried out in accordance with the regulations approved by the Minister of Education and Science.
5. In-service training of educational staff members shall be a constituent part of non-formal adult education. In-service training of educational staff members of state (except the staff of higher education institutions) and municipal educational institutions shall be executed in compliance with the regulations approved by the Minister of Education and Science.
Article 231. Protection against violence at educational institutions
1. Educational institutions shall prohibit any form of violence aimed at:
2. Any member of the community of an educational institution must report the observed violence referred to in paragraph 1 of this Article to the head of that educational institution.
3. In cases where violence is used or experienced by a learner, the head of an educational institution shall notify the observed case of violence immediately but not later than on the next working day to the parents (guardians, curators) of the learner/learners who has/have used violence as well as to the parents (guardians, curators) of the learner/learners who has/have experienced violence; he shall also notify this to a state or municipal institution ensuring the protection of the rights and legitimate interests of the child according to its remit.
4. In cases where violence is used or experienced by teachers, other employees of an educational institution, the head of the educational institution shall notify the actual fact of violence immediately but not later than on the next working day to the pedagogical psychological service operating in a municipality concerned or the provider of appropriate psychological help with whom the executive body of the municipality has concluded the contract of psychological help provision, it shall also recommend to the person who have used or experienced violence to seek psychological help.
5. A minor/minors who has/have used or experienced violence in the cases specified in paragraph 3 of this Article together with the parents (guardians, curators) accompanying him/them must receive psychological help for free immediately but not later than within five working days from the notification about the fact of violence. The duration of psychological help shall be set by a psychologist having evaluated the entirety of the circumstances of each episode of violence and having regard of the procedure for providing psychological help as laid down by the Minister of Education and Science.
6. The head of an educational institution shall take measures that the learners of the educational institution under his management, their parents (guardians, curators) would have the possibility to receive psychological help.
7. In the cases specified in paragraph 4 of this Article, psychological help shall be provided to teachers, employees of an educational institution free of charge immediately, but no later than within five working days from the notification of the fact of violence upon arrival at the relevant pedagogical psychological service or to the relevant provider of psychological help with whom the executive body of a municipality has concluded the contract of psychological help provision.
Article 232. Report about cyberbullying and other prohibited or restricted public information
1. Upon having become aware of a public case of cyberbullying by using visual information, the parents (guardians, curators) of the underage learner who has used or experienced violence must, while other persons shall have the right to, inform the Communications Regulatory Authority of the Republic of Lithuania (hereinafter: the “Communications Regulatory Authority”) by reporting this at the following Internet address: www.draugiskasinternetas.lt.
2. Persons shall also have the right to report at the above-mentioned Internet address www.draugiskasinternetas.lt if they notice in the cyberspace the following:
1) public information that may be attributed to the information prohibited to be disseminated under the Law on the Protection of Minors against the Detrimental Effect of Public Information, i.e. in which a child or a group of persons are ridiculed or humiliated on grounds of nationality, race, sex, origin, disability, sexual orientation, social status, language, religion, beliefs, views or on other similar grounds, or it is of pornographic nature, which promotes sexual abuse and exploitation of minors, which presents gratuitous violence and/or which is public information prohibited by other laws;
3. The Communications Regulatory Authority, having received a report referred to in paragraph 1 or 2 of this Article, shall evaluate within its remit the information indicated in the report and:
1) if the report is related to the information referred in paragraph 1 and/or point 1 of paragraph 2, where necessary, shall notify the competent authorities about this (e.g. the inspector of journalist ethics, the police, the Office of the Ombudsman for Children) and in cooperation with them and/or the competent authorities functioning in other countries and carrying out the supervision of illegal or harmful internet content as well as with the person who has reported the public case of cyberbullying by using visual information, shall seek that the information referred to in paragraph 1 and/or point 1 of paragraph 2 of this Article would be removed as soon as possible or its access would be eliminated; the actions of the Communications Regulatory Authority referred to in this point shall not deny the duty of the competent authorities to consider the report within their remit in accordance with the procedure laid down by legal acts;
2) if the report is related to the information referred to in point 2 of paragraph 2 of this Article, shall notify the competent authorities (e.g. the inspector of journalist ethics, the police, the Office of the Ombudsman for Children) and the said authorities must consider the report within their remit in accordance with the procedure laid down by legal acts;
3) shall have the right to issue binding instructions to an electronic information hosting service provider to remove the stored information referred to in paragraph 1 and/or point 1 of paragraph 2 of this Article or to eliminate the possibility of access to such information, as well as to set out the time limit for fulfilling the binding instructions;
4) shall have the right to issue binding instructions to providers of public communications networks and/or publicly available electronic communications services to eliminate the possibility of access to the information referred to in paragraph 1 and/or point 1 of paragraph 2 of this Article, as well as to set out the time limit for fulfilling the binding instructions;
5) shall have the right to obtain from state and municipal institutions and other persons all information necessary for the implementation of the functions specified in this Article, including the evaluation, whether the information reported as specified in paragraph 1 and/or point 1 of paragraph 2 of this Article may be attributed to bullying and/or public information that may be attributed to the information prohibited to be disseminated under the Law on the Protection of Minors against the Detrimental Effect of Public Information.
4. Electronic information hosting service providers, providers of public communications networks and/or publicly available electronic communications services must, having received the instructions of the Communications Regulatory Authority as specified in point 3 or 4 of paragraph 3 of this Article, remove within the time limit set out by the Communications Regulatory Authority the stored information referred to in paragraph 1 and/or point 1 of paragraph 2 of this Article or eliminate the possibility of access to such information.
5. Seeking to contribute to public awareness, producers and disseminators of public information shall have the right, in accordance with the procedure laid down by the Law on the Provision of Information to the Public, to publish information banners, to disseminate educational information and social advertising regarding the prevention of cyberbullying ir any other prohibited or restricted information, including the procedure for reporting to the Communications Regulatory Authority.
Article 24. The Right and Duty of Lithuanian Residents to Study
1. Each citizen of the Republic of Lithuania, each alien who has the right of permanent or temporary residence in the Republic of Lithuania, shall have the right to study, attain an education level and a qualification.
2. The State shall take measures that in Lithuania each child studies according to pre-primary, primary, basic, secondary education curricula.
3. The State shall guarantee each citizen of the Republic of Lithuania and each alien who has the right of permanent or temporary residence in the Republic of Lithuania:
4. A learner who has suspended his learning or studies may resume them at the same or at a different school in accordance with the procedure laid down by legal acts or agreements.
5. A person who has attained a basic or secondary education level and wishes to supplement his preparation for further studies shall be provided an opportunity to study general education subjects of his choice and to test his educational achievements in accordance with the procedure laid down by the Minister of Education and Science.
Article 25. Lithuanian studies abroad and opportunity to learn the Lithuanian language
1. The purpose of Lithuanian studies abroad shall be to help learn the Lithuanian language and retain it, preserve the national identity, familiarize with the history, culture, heritage of the State of Lithuania and create conditions for self-expression in the Lithuanian language.
2. The State shall finance or otherwise foster activities in the field of Lithuanian studies, foreigners of Lithuanian descent and foreigners who learn the Lithuanian language or study the Lithuanian language and culture.
3. Pursuant to the programme of the Government of the Republic of Lithuania (hereinafter: the ‘Government’) or an institution (institutions) authorised by the Government, the funds shall be appropriated for educational institutions and centres for Lithuanian (Baltic) studies abroad in which the Lithuanian language is taught or learners receive instruction in the Lithuanian language (hereinafter: an ‘institution of Lithuanian studies’). State property may be transferred under a loan for use agreement to institutions of Lithuanian studies abroad.
4. Opportunities shall be created in accordance with the procedure laid down by the Minister of Education and Science for foreigners of Lithuanian descent and Lithuanians living abroad to learn the Lithuanian language in schools of the Republic of Lithuania. Citizens of the Republic of Lithuania who have lived abroad at least three years or citizens of foreign states who have lost the citizenship of the Republic of Lithuania shall be regarded as Lithuanians living abroad. A foreigner shall be considered to be a foreigner of Lithuanian descent if his parents or grandparents are or were or one of his parents or grandparents is or was Lithuanian and who considers himself Lithuanian.
5. Persons executing or going to execute Lithuanian studies abroad shall be supported and encouraged in accordance with the procedure laid down by the Government. The period of pedagogical activities of the persons in the field of Lithuanian studies abroad shall be included in the length of pedagogical service in accordance with the procedure laid down by the Minister of Education and Science.
Article 26. Provision of information about education
1. The purpose of provision of information about education shall be to furnish a person with information that would help him choose education, an education provider as well as the aspired to attained education level and profession in line with his interests, dispositions and abilities.
2. A school shall make public the information about programmes of formal and non-formal education implemented at schools, choices offered, admissions terms, paid services, teachers' qualifications, major school audit findings, traditions and achievements of the school community.
3. Vocational information and vocational guidance services shall include provision of information about opportunities afforded by vocational training programmes, higher education study programmes, possible studying abroad, employment prospects on the labour market of Lithuania, as well as consulting. These services shall be provided in schools, information centres, consulting services and labour exchanges in compliance with requirements laid down by the Minister of Education and Science and the Minister of Social Security and Labour.
Version valid as of 1 October 2018:
3. Vocational information and vocational guidance services shall include provision of information about opportunities afforded by vocational training programmes, higher education study programmes, possible studying abroad, employment prospects on the labour market of Lithuania, as well as consulting. These services shall be provided in schools, information centres, consulting services and the Employment Service under the Ministry of Social Security and Labour in compliance with requirements laid down by the Minister of Education and Science and the Minister of Social Security and Labour.
Article 27. Choice of education programmes
1. When a person chooses an education programme, he shall observe the sequence of programmes in Articles 7 through 13 of this Law.
2. A learner shall enjoy the possibility of choosing education programmes, different versions thereof, modules of education programmes and subject courses according to his abilities and dispositions. A learner shall also choose a school implementing an education programme, any other education provider, a form of learning. The Minister of Education and Science shall approve descriptions of forms of learning pursuant to formal education programmes (with the exception of higher education study programmes) and the procedure for organising teaching according to forms of learning.
3. Apart from compulsory subjects and different programmes (courses) thereof, a learner may study elective subjects offered by the school.
Article 28. The network of education providers
1. The purpose of the network of education providers shall be to ensure accessibility of compulsory and universally available education, its variety, and the possibility of life-long learning to all citizens of the Republic of Lithuania and aliens having the right of permanent or temporary residence in the Republic of Lithuania.
2. The network of education providers shall encompass state, municipal and non-state general education, vocational, higher education schools, non-formal education schools, freelance teachers and other education providers.
3. The network of education providers shall be created through:
4. The Minister of Education and Science, together with municipalities and the Government, shall ensure the sufficient network of state and municipal vocational training schools and general education schools designated for country’s (region’s) learners with special educational needs: The Government shall ensure the network of state colleges, and the Seimas - the network of state universities.
5. When creating the network of state and municipal schools in accordance with the procedure laid down by legal acts, residents or their groups must be consulted with in order to defend public interest.
6. The municipality must have an optimal network of providers of primary, basic, secondary and non-formal education programmes designated for children and adults, ensuring individuals’ learning and securing their right to receive instruction in the state language, as well as a network of institutions that provide assistance to learners, teachers and schools. In areas where the municipality does not ensure the individuals' right to receive instruction in the state language according preschool, pre-primary and general education curricula, state schools may be established in which curricula are carried out in the state language.
7. If the community requests so, in areas where a national minority traditionally constitutes a substantial part of the population, the municipality shall guarantee the teaching in the national minority language or the learning of the national minority language.
8. The network of schools (expect higher education institutions and vocational training establishments) implementing formal education programmes shall be established in compliance with the Rules for the Development of the Network of Schools Implementing Formal Education Programmes approved by the Government and the resolutions of school communities, provided that such resolutions do not conflict with these Rules. The Ministry of Education and Science, municipalities shall, in adherence to the said Rules, approve and implement general plans of transformation of the network of schools. The network of vocational training establishments shall be established in accordance with the procedure laid down by the Minister of Education and Science.
9. The State and municipalities shall create conditions for establishment and operation of non-state schools.
Article 29. Admission to a school, changing schools and transfer to another school
1. A person shall have the right to choose a state, municipal or non-state school and to change schools.
2. The procedure of admission to a state and a municipal general education school shall be laid down by the institution exercising the rights and duties of the owner (the meeting of the participants) on the basis of the general admissions criteria approved by the Minister of Education and Science.
3. Priority admission to a state and a municipal general education school shall be granted to a person living in the service territory assigned to that school by the institution exercising the rights and duties of the school (the meeting of the participants). At the request of the parents (guardians, curators) and the child, the child may be admitted to another general education school subject to the availability of free places.
4. Persons with major and severe special educational needs shall be admitted to a state and a municipal pre-school education school and general education school designated to educate learners with special educational needs, to a group of a pre-school education school and a class of a general education school designated to educate learners with special educational needs.
5. The procedure of admission to a non-state school implementing formal and/or non-formal education programmes shall be laid down by the owner (the meeting of the participants), based on requirements for the admission to the respective programmes as laid down by this Law.
6. The procedure of admission to a state and a municipal pre-school education school, school providing the teaching supplementing the formal education and a children's non-formal education school shall be laid down by the institution exercising the rights and duties of the owner (the meeting of the participants).
7. Admission to higher education institutions shall be defined by the Law on Higher Education and Research.
8. Admission of persons to vocational training schools and schools carrying out non-formal adult education programmes shall be defined by the Law on Vocational Education and Training and the Law on Non-formal Adult Education.
10. A school unable, for objective reasons, to guarantee a learner in compulsory education programmes the psychological, special-pedagogical, special or social-pedagogical assistance, shall, in co-operation with his parents (guardians, curators) as well as the pedagogical-psychological and Children's Rights Protection Services, propose to him to study in another school .
11. A learner, on the basis and in accordance with the procedure laid down by the Law of the Republic of Lithuania on Minimum and Moderate Supervision of a Child (hereinafter: the ‘Law on Minimum and Moderate Supervision of a Child’), may be transferred to another school or he may be provided with another minimum or moderate supervision measure.
Article 30. The right to receive instruction in the state language and in the native language
1. Every citizen of the Republic of Lithuania and foreigners having the right of permanent or temporary residence in the Republic of Lithuania shall be guaranteed to receive instruction in the state language and to learn the state language.
2. General education and non-formal education schools shall create opportunities for learners belonging to national minorities to foster the national, ethnic and linguistic identity, to earn the native language, history and culture. At a general education and a non-formal education school the regulations (statutes) of which (respecting the requests of parents (guardians, curators) and learners) provide for teaching a national minority language or teaching in a national minority language, the teaching process may be conducted or certain subjects may be taught in the national minority language. At such schools the subject of the Lithuanian language shall be a constituent part of the curriculum and the time allotted for teaching it shall not be less than the time allotted for teaching the native language. At such schools:
1) the pre-primary education curriculum shall provide for not less than four hours per week for educating in the Lithuanian language. A part of the pre-school education curriculum may be carried out in the Lithuanian language at the request of the parents (guardians, curators)
2) the primary, basic, secondary education curricula shall be carried in the mode of bilingual education: in the national minority language and in the Lithuanian language. The Lithuanian language shall be taught in the primary education curriculum in the integrated manner, and in the basic and secondary education curricula – during the lessons where the curriculum themes of the Lithuanian history and geography, understanding of the world, basics of citizenship are taught;
3. The Minister of Education and Science shall lay down the procedure for providing education in the Lithuanian language at a general education and a non-formal education school.
4. A person who belongs to a national minority may study his native language at a school that implements non-formal education programmes or with another education provider.
5. The children of a person having the right of permanent or temporary residence in the Republic of Lithuania shall be provided with the opportunity of learning the state language, of receiving instruction in the state language and, where possible, of learning their native language.
6. A deaf person in a pre-school education and general education schools designated for learners with special educational needs shall be provided with the opportunity of learning the native (sign) language.
7. All schools that provide general education must ensure command of the state language in compliance with the general programmes approved by the Minister of Education and Science.
8. In centres of districts and areas traditionally densely inhabited by national minorities where one or several schools teaching in the state and national minority languages, which have a set of eleventh grades of each different language of instruction, the institution exercising the rights and duties of such schools, the meeting of the participants (owner) must ensure that the general education curriculum at least in one school (at least in one grade) would be carried out in the state language (except the native language).
Article 31. Right to study religion
1. Religion shall be an optional part of moral education. Moral education shall be a part of primary, basic and secondary education. Upon parents' (guardians’, curators’) request, the subject of religion may be included in the pre-school education of their children. Non-formal religious education and informal education in religion may be carried out.
2. A learner in a school that implements primary, basic and secondary curricula shall have the right at the age of 14 to choose one of the following subjects of compulsory moral education: religion of a traditional religious community or association or ethics.
3. Parents (guardians, curators) shall choose between the subject of religion of a traditional religious community or association and the subject of ethics on behalf of learners who are under 14 years of age; in case of a learner who is under the guardianship of the State the institution which executes the guardianship of the learner shall decide between the subject of religion of a traditional religious community or association, professed by the learner’s family or relatives and the subject of ethics.
4. At a formal education school (except higher education institutions) the curriculum of religious instruction shall be prepared by the respective traditional religious community or association; the hierarchy of the religious community or association and the Minister of Education and Science shall assess and approve the said curriculum, each in line with their competency.
5. A person who has attained a post-secondary or higher education level and a pedagogue's qualification or has the necessary special preparation may teach religion in compliance with formal education programmes (except higher education study programmes). Such a person must have permission (referral) to teach religion, issued as prescribed by the hierarchy of the corresponding traditional religious community or association.
6. A school that is unable to provide instruction of the religion of a traditional religious community or association, requested by the learners or their parents (guardians, curators), shall grants credit for the learner’s religious instruction provided at a Sunday school or another religious instruction group, pursuant to the requirements set out in paragraphs 4 and 5 of this Article.
7. Conditions for religious instruction and for teaching modules supplementing the programme of religious instruction and satisfying the learners’ need for self-expression shall be equivalent to those for the teaching of other elective subjects and for teaching modules supplementing their respective programmes and satisfying the learners’ needs of self-expression.
Article 32. Accessibility of Education to Working Persons
1. The employer shall effect conditions for a working person to study according to the procedure established by laws and other legal acts.
Article 33. Accessibility of Education to Socially Excluded Persons
1. The accessibility of education to socially excluded children from poor families, children of refugees, children not attending school, unemployed persons, persons who have returned from imprisonment, persons undergoing treatment for alcohol and drug addiction as well as persons failing to adapt to society shall be ensured by providing them with social services and educational assistance.
2. The Government and municipalities shall implement target social and education programmes directly or through schools. Such programmes may be developed and implemented by non-governmental organisations as well as other legal and natural persons.
3. State and municipal institutions and agencies, on the basis of the data of the registers recording residents as well as of other state and departmental registers, shall determine the number of children not attending school and their educational needs and shall, together with schools, implement target programmes for the inclusion of these children in education activity.
Article 34. Accessibility of education to learners with special educational needs
1. Upon the request of the parents (guardians, curators) of a learner with special needs, conditions shall be created for him to study at a pre-school education and general education school located closer to his home or at any state, municipal (regional) school designated for learners with special educational needs. The pedagogical-psychological service shall recommend a school for the child.
2. A vocational training school, a higher education institution shall lay down the procedure of admission to such schools of persons with special educational needs.
3. A municipality in the territory of which learners with special educational needs reside shall take care of the accessibility of such learners to education. Accessibility of education shall be ensured by adapting the school's environment, by providing psychological, special-pedagogical, special and social-pedagogical assistance, by supplying with technical aids at schools and special teaching aids, also in other ways prescribed in laws.
Article 35. Accessibility of Education to Persons with Limited Mobility
1. Children who are unable to attend a general education school due to an illness or a pathological condition shall be provided the opportunity to study at home, to study independently and to pass examinations, or, upon the doctor’s consent, to study at an inpatient personal healthcare institution starting from the second day of arrival to the said institution. The procedure for organising the teaching of learners at inpatient personal healthcare institutions and at home shall be laid down by the Minister of Education and Science, upon coordination with the Minister of Health.
2. Persons who have been temporarily deprived of freedom or whose freedom has been temporarily restricted shall, in accordance with the procedure laid down by the Government, provided the opportunity to study at their corrective or penal institution, so that they may attain a primary, basic and secondary education level, a qualification, to study independently.
Article 36. Transportation, dormitories, meal service
1. Public transport shall be used to bring learners to schools that implement a respective curriculum, by way of the route specified in the learner’s identification certificate, as established in the Law of the Republic of Lithuania on Transport Privileges (hereinafter: the ‘Law on Transport Privileges’); school buses or other transport may also be used. Learners who study according to pre-primary and general education curricula and who live in villages, towns located more than three kilometres away from the school must be transported to and from school. The procedure for transporting learners by school bus shall be laid down by the Minister of Education and Science.
2. The institution exercising the rights and duties of the owner of a state or a municipal school (the meeting of the participants) shall organise the transportation to and from school of learners with special educational needs who are unable to travel to school on their own to study according to pre-primary or general education curricula (i.e. are unable to walk unassisted or are unsafe in the street due to major disorders); the transportation to and from other schools shall be organised by the owner (the meeting of the participants) in accordance with the procedure and in the cases laid down by him.
3. Full-time students, learners of vocational training schools which study according to initial vocational training programmes as well as learners of children’s non-formal education schools shall be transported to schools by local (city) and/or long-distance transport. Privileges related to their transportation to and from school shall be granted to them and the incurred expenses shall be reimbursed in accordance with the procedure and in the cases laid down by the Law on Transport Privileges.
4. A learner who is admitted to a general education school from a territory other than the service territory assigned to that school, upon the request of his parents (guardians, curators) shall be provided with dormitory accommodation. The management body of the school shall establish a procedure of accommodation at the school dormitory.
5. For living in a dormitory of a state and a municipal vocational training school and higher education institution shall pay partly. The amount of payment for dormitory accommodation and allowances shall be set by the management body of the school, taking into account the social status of the parents (guardians, curators) and the learner. These funds shall be used to cover the maintenance costs of the dormitory.
6. The expenses related to the living of a learner in the dormitory of a state and a municipal general education school shall be covered with maintenance funds appropriated by the institution exercising the rights and duties of the owner of the school (the meeting of the participants). Parents (guardians, curators) shall pay for meal service according to the procedure established by the Minister of Education and Science.
7. In pre-school, general education schools, vocational training schools implementing initial vocational education, meal services provided to learners must meet the requirements laid down by the Minister of Health.
8. Learners shall receive meals free of charge in accordance with the procedure and in the cases laid down by the Law of the Republic of Lithuania on Social Assistance for Pupils.
9. The institution exercising the rights and duties of the owner (the meeting of the participants) shall be responsible for the creation of conditions for organising the provision of meal services to children and learners in a state and a municipal pre-school and general education school; in other pre-school and general education schools the owner (the meeting of the participants) shall be responsible. The school principal shall be responsible for organising the provision of meal services in the schools and vocational schools carrying out initial vocational education, referred to in this paragraph.
Article 37. Quality of education
1. The quality of education shall be the responsibility of the education provider and the institution exercising the rights and duties of the owner (the meeting of the participants). The State shall ensure the quality of formal education and partly the quality of non-formal education, including also the quality of teaching supplementing the formal education.
2. Natural persons and legal entities may initiate improvements of education programme quality by addressing education management bodies, education providers.
3. The conception of education quality shall be developed by society, education participants and education management bodies. Education management bodies shall initiate and organise public deliberations of education purpose, objectives, ways and principles of achievement thereof, shall present for consideration the evidences of education status based on research and analysis, shall, within the scope of their competence, legalize agreements and take strategic decisions.
4. In order to improve education quality an education monitoring, research, self-evaluation and external evaluation of activities of schools, performance review of school teachers and educational assistance specialists, evaluation of learning achievements shall be carried out, heads of educational institutions shall submit an annual activity report to the school community and the school council for consideration.
5. Fields of self-evaluation of activities of a school (except higher education institutions and vocational training establishments), a method of carrying-out the self-evaluation shall be chosen by the school council. It shall analyse self-evaluation results, take decisions regarding the improvement of activities and consider an annual activity report of the head of the educational institution. The council of a vocational training institution shall consider an annual activity report of the head of the vocational training institution.
6. External evaluation of a school (except higher education institutions) shall be carried out periodically; it shall be initiated by the institution exercising the rights and duties of the owner of the school (a state school shall be evaluated by a budgetary institution), the municipal executive body (a municipal school shall be evaluated by a budgetary institution), the institution exercising the rights and duties of the owner (the meeting of the participants) (a state or a municipal school shall be evaluated by a public establishment), the owner (the meeting of the participants) (other schools). The Minister of Education and Science shall lay down the procedure for organising and carrying out external evaluation of activities of schools implementing pre-school, pre-primary, general education curricula and formal vocational training programmes. The procedure of external evaluation of activities of non-formal education schools (with the exception of schools implementing pre-school and/or pre-primary curricula) shall be laid down by the institution implementing the rights and duties of the owner of a state or a municipal school (the meeting of the participants); the said procedure for other schools shall be laid down by the owner (the meeting of the participants).
Version valid as of 1 January 2019:
6. External evaluation of a school (except higher education institutions and vocational training establishments) shall be carried out periodically; it shall be initiated by the institution exercising the rights and duties of the owner of the school (a state school shall be evaluated by a budgetary institution), the municipal executive body (a municipal school shall be evaluated by a budgetary institution), the institution exercising the rights and duties of the owner (the meeting of the participants) (a state or a municipal school shall be evaluated by a public establishment), the owner (the meeting of the participants) (other schools). The Minister of Education and Science shall lay down the procedure for organising and carrying out external evaluation of activities of schools implementing pre-school, pre-primary, general education curricula and formal vocational training programmes. The procedure of external evaluation of activities of non-formal education schools (with the exception of schools implementing pre-school and/or pre-primary curricula) shall be laid down by the institution implementing the rights and duties of the owner of a state or a municipal school (the meeting of the participants); the said procedure for other schools shall be laid down by the owner (the meeting of the participants).
Article 38. Evaluation of Learning Achievements
1. The purpose of evaluation of learning achievements shall be to help learners check their learning progress, determine their achievements and, upon comparison with achievement levels set out in general programmes or/and professional standards, help them make decisions concerning further study or occupation.
2. Learning achievements shall be evaluated by a learner himself, a teacher, an education provider, the institution exercising the rights and duties of the owner of the school (a state school – a budgetary institution), the municipal executive body or a person authorised by it (a municipal school – a budgetary institution), the institution exercising the rights and duties of the owner (the meeting of the participants) (a state and a municipal school – a public establishment), the owner (the meeting of the participants) (other schools), the Ministry of Education and Science and an institution authorised by it.
3. Evaluation of learning achievements of learners participating in general education programmes and the use of evaluation results shall be regulated in accordance with the procedure laid down by the Minister of Education and Science. Evaluation of learning achievements of learners with special educational needs shall be appropriately adapted.
4. Institutions authorised by the Minister of Education and Science and municipal executive bodies shall organise testing of learning according to general education curricula (Matura examinations, other examinations, credits and other ways of testing learning achievements) in compliance with learning achievements testing programmes approved by the Minister of Education and Science and descriptions of the procedure for organising and implementing the testing of learning achievements, studies of learners’ achievements. Such testing of learning achievements shall be organised equal for learners of schools of all studying languages, without violating the principle of equal opportunities defined in Article 5 of this Law. All general education schools shall ensure the command of the Lithuanian language according to the general programme approved by the Minister of Education and Science (basic educational achievements testing and Matura examinations).
5. Learning achievements of learners participating in vocational training programmes shall be evaluated in accordance with the procedure laid down by the Law on Vocational Education and Training.
Article 39. Legitimating of Learning Achievements
1. The content, form and procedure for issuing learning achievements legitimating documents confirming the completion of general education curricula and attainment of an education level shall be laid down by the Minister of Education and Science.
2. Documents legitimating achievements of learning according to general education curricula shall be issued:
4) a certificate –upon completion of formal education programmes specified in paragraph 1 of Article 72 of this Law;
3. The Law on Vocational Education and Training shall define the issuing of qualification and learning achievements legitimating documents confirming the completion of vocational training programmes, qualification evaluation, qualification granting.
4. The Law on Higher Education and Research shall define the issuing of learning achievements legitimating documents confirming the completion of higher education study programmes, grating of a higher education level, a higher education qualification.
5. A person who has completed a non-formal education programme, except a curriculum supplementing the formal education, may be issued a certificate. A person who has completed a curriculum supplementing the formal education shall be issued a certificate.
6. An education level and a qualification acquired according to education programmes of foreign states and international organisations shall be recognised in accordance with the procedure laid down by international agreements, laws of the Republic of Lithuania and by the Government. Decisions concerning the recognition of an education level and a qualification may be appealed against to appeals commissions set up by institutions authorised by the Government.
Article 391. Purpose and composition of the qualifications system, formation and management of qualifications, competence assessment and the award of qualifications
1. The purpose of the qualifications safeguarding shall be to ensure that higher education and vocational training qualifications meet the needs of national economy, their transparency, comparability, continuity with regard to studies, professional and territorial mobility of persons. The qualifications system shall also include the development and implementation of processes relating to quality assurance, assessment and the award of qualifications.
2. The qualifications system shall be based on cooperation of social partners, the State and higher education institutions and vocational training establishments.
3. The qualifications system shall comprise formation and management of qualifications, assessment and recognition of competences acquired by a person and the award of a qualification.
4. The qualifications system shall be managed by an institution authorised by the Minister of Education and Science (hereinafter: the ‘qualifications management institution’).
5. A qualification shall be based on competences. Competences necessary for acquiring a qualification shall be set by a professional standard.
6. Qualifications shall be managed by a qualifications management institution in compliance with the Lithuanian Qualifications Framework and the Lithuanian Classification of Occupations.
7. Qualifications management institution shall set up departmental professional committees from representatives of state, municipal institutions and bodies as well as of social partners for the coordination of strategic issues of formation of a qualifications system.
8. The Minister of Education and Science, in cooperation with the Ministry of Economy, shall lay down requirements for competence assessment and recognition institutions as well as the procedure for their accreditation.
9. Assessment of competences acquired by an individual and as well as recognition thereof shall be organised by a competence management institutions in compliance with the procedure of competences assessment acquired by an individual as laid down by the Minister of Education and Science and coordinated with the Minister of Education and the Minister of Social Security and Labour.
10. A qualification shall be granted to an individual who has acquired all the competences necessary for a qualification as established in the description of an appropriate professional standard.
11. A qualification (or part thereof) shall be granted to an individual by a provider of vocational training or a higher education institution having obtained the results of competences assessment.
Article 40. Material Provision of Education and Learning Workload
1. The school's learning environment and the learners’ learning load must meet hygiene norms and requirements for learners’ safety and health established by legal acts, and guarantee implementation of education programmes.
2. The material environment of schools implementing pre-school, pre-primary, general education curricula shall be equipped according to the education supply standards approved by the Minister of Education and Science.
3. The Minister of Education and Science shall approve the description of the procedure for evaluating the conformity of textbooks of general education subjects and teaching aids with legal acts and supplying with such textbooks and teaching aids; the Minister of Education and Science shall, according to the established procedure, collaborate in drafting school hygiene norms confirmed by the Minister of Health
Article 41. Groups and types of schools
1. Formal education schools shall be divided into the following groups:
2. The types of general education schools shall be as follows: a primary school, a progymnasium, a basic school, and a gymnasium.
3. Schools carrying out a primary education curriculum shall be assigned to the type of primary schools.
4. Schools carrying out the first part of a basic education curriculum or the first part of a basic education curriculum and a primary education curriculum shall be assigned to the type of progymnasiums.
5. Schools carrying out a basic education curriculum or a basic education curriculum and a primary education curriculum shall be assigned to the type of basic schools.
7. Schools carrying out a secondary education curriculum, accredited in accordance with the procedure laid down by the Minister of Education and Science, as well as the second part of a basic education curriculum shall be assigned to the type of gymnasiums. In individual cases (a school in residential areas where there are no other general education schools carrying out a general education curriculum in the Lithuanian language or/and the national minority language, or a general education school assigned, according to the criteria approved by the Government, to the type of a suburban school; a general education school situated in the border area; non-state school; a school designated for country's (region’s) learners with special educational needs; a school carrying out a programme of a specialised education field, which requires the consistency of education, and meeting the criteria approved by the Government) a gymnasium may carry out an accredited secondary education curriculum and basic education curriculum or an accredited secondary education curriculum, basic education curriculum and primary education curriculum, on the basis of the provisions of Article 28 of this Law and the Rules for the Development of the Network of Schools Implementing Formal Education Programmes.
8. General education schools may carry out vocational training programmes in accordance with the procedure laid down in Article 43 of this Law.
9. When meeting different educational needs of learners and taking into consideration the conditions for implementation of different education programmes, general education schools may be of various designations. The possible variety of designations of general education schools and implemented curricula shall be defined by the Rules for the Development of the Network of Schools Implementing Formal Education Programmes, approved by the Government.
12. Types of higher education institutions shall be defined by the Law on Higher Education and Research.
13. Non-formal education schools shall be divided into the following groups:
2) children’s non-formal education schools and schools providing the teaching supplementing the formal education;
14. Pre-school education schools, children’s non-formal education schools and non-formal adult education schools shall not be divided into types.
15. The procedure for composing and writing names of schools (except higher education institutions) shall be approved by the Minister of Education and Science after consultation with the State Commission of the Lithuanian Language. A word denoting a group or type of a school may not be used in the name of that school.
Article 42. Foundation of schools and assistance institutions
1. The following may found schools and educational assistance institutions (hereinafter: ‘assistance institutions’):
1) the Seimas of the Republic of Lithuania (hereinafter: the ‘Seimas’) — a state university on the recommendation of the Government;
2) the Government – a state college on the recommendation of the Ministry of Education and Science, where necessary in compliance with the Government-approved Rules for the Development of the Network of Schools Implementing Formal Education Programmes – educational institutions the legal form of which – a public establishment;
3) the Ministry of Education and Science - vocational training schools, where necessary - general education schools the legal form of which - a budgetary institution, in compliance with the Government-approved Rules for the Development of the Network of Schools Implementing Formal Education Programmes and upon the receipt of the written consent of the Minister of Finance; non-formal education schools, assistance institutions, upon the receipt of the written consent of the Minister of Finance;
4) other ministries, government agencies, establishments under the ministries - non-formal adult education schools the legal form of which is a budgetary institution, with the written consents of the Minister of Education and Science and the Minister of Finance;
5) a municipal council – a non-formal education school – independently, assistance institutions – on the basis of the Government-set criteria for the foundation, reorganisation, liquidation and restructuring of assistance institutions, general education schools, vocational training schools – in compliance with the Government-approved Rules for the Development of the Network of Schools Implementing Formal Education Programmes;
6) other legal persons established in the Republic of Lithuania as well as legal persons or other organisations of a member state, natural persons and legal persons of other states - general education, non-formal education schools, vocational training schools, higher education institutions, assistance institutions.
2. Higher education institutions shall be founded in accordance with the Law on Higher Education and Research.
3. Several natural persons and legal entities may found a school upon entering into a contract for school founding. Legal and natural persons of foreign states may not be participants of a state and a municipal school.
4. Branches of foreign schools and schools of international organisations may be founded in the Republic of Lithuania according to the terms and pursuant to the procedure laid down by international agreements and legal acts of the Republic of Lithuania. Funding from the state budget shall not apply to these branches and schools, unless otherwise provided for in international agreements or special laws of the Republic of Lithuania.
Article 43. School activity
1. A state and a municipal school shall be a public legal person that functions as a budgetary institution or a public establishment. Its activity shall be governed, respectively, by this Law and the Law of the Republic of Lithuania on Budgetary Institutions or the Law of the Republic of Lithuania on Public Establishments. A non-state school shall be a legal person. The owner (the meeting of the participants) shall choose its legal form. The legal form of vocational training schools shall be defined by the Law on Vocational Education and Training.
2. A school shall commence its activity after its registration in the Register of Legal Entities in accordance with the procedure laid down by the Civil Code of the Republic of Lithuania (hereinafter: the ‘Civil Code’) and the regulations of the Register of Legal Entities.
3. A school shall function in compliance with its regulations, statutes (hereinafter: ‘statutes’), a contract for school founding. A school shall lay down conduct norms for members of the school community, taking into consideration the requirements of the Code of Conduct of Pedagogues.
4. Statutes of a state and a municipal school (except higher education institutions) shall be drafted in accordance with Requirements for execution of regulations, statutes, approved by the Minister of Education and Science.
5. The activity of a higher education institution shall be defined by its statutes. The statutes shall be drafted and approved in accordance with the procedure laid down by the Law on Higher Education and Research.
6. The beginning and length of a school year according to pre-primary, general education curricula, initial and continuing vocational training programmes shall be set by the Minister of Education and Science; the beginning and length of a school year according to non-formal education programmes (with the exception of the pre-primary education curriculum and the continuing vocational education program) shall be set by the institution exercising the rights and duties of the owner (the meeting of the participants) or the owner.
7. Only the formal education programmes which are recorded in the Register of Study Programmes, Education Programmes and Qualifications may be carried out at school. A school may carry out general education curricula only if it meets the general and special criteria set out in the Rules for the Development of the Network of Schools Implementing Formal Education Programmes, approved by the Government. A school may carry out formal vocational training programmes only having the licence issued by the Minister of Education and Science, for the issuing, supplement or revision of which a state fee shall be paid. Rules for licensing of formal vocational education and training shall be approved by the Government.
8. A school (except higher education institutions) or any other education provider shall begin the process of admission and teaching of learners only upon obtaining a license and/or a written consent, if they are mandatory.
9. A state and a municipal formal education school may carry out non-formal education programmes on the decision of the institution exercising the rights and duties of the owner (the meeting of the participants); other formal education schools - on the decision of the owner (the meeting of the participants).
10. A school may:
1) assume obligations, conclude study agreements and other contracts within the scope set out by the institution exercising the rights and duties of the owner (the meeting of the participants) (state and municipal schools), the owner (the meeting of the participants) (other schools) or the statutes of the school;
2) found branches and representative offices by the permission of the institution exercising the rights and duties of the owner (the meeting of the participants) (state and municipal schools), the owner (the meeting of the participants) (other schools);
4) fix the prices, rates and tariffs of education or additional services in the cases where they have not been fixed in accordance with the procedure laid down in this Law and other laws by the Government or the institution exercising the rights and duties of the owner (the meeting of the participants) (state and municipal schools), the owner (the meeting of the participants) (other schools);
5) implement national and international educational projects in accordance with the procedure laid down by the Ministry of Education and Science;
6) engage in commercial and business activity as permitted by the statutes of the schools, provided it is lawful;
11. Schools must ensure a sound and safe environment that prevents any manifestation of violence and intimidation and would not allow formation of hazardous habits, the implementation of curricula, study programmes and education programmes, openness to the local community, the conclusion of education agreements and implementation of contractual obligations as well as a good quality of education. An educational institution must provide for the continuous participation of each learner in at least one consistent, long-term prevention programme intended to develop social and emotional competencies, covering the prevention of violence, the use of alcohol, tobacco and other psychoactive substances, promoting healthy lifestyle in the course of implementation of the recommendations approved by the Minister of Education and Science on the implementation of violence prevention at schools.
12. The Child Welfare Commission shall take care of the creation of a safe and learner-friendly environment in educational institutions. It shall organise and coordinate the adaptation of education programmes for learners with special educational needs, provision of educational assistance taking account of the needs of an appropriate educational institution, present proposals to the head of an educational institution regarding the recommendations approved by the Minister of Culture and Science on the implementation of violence prevention at schools and shall also perform other child welfare-related functions. The Minister of Education and Science shall lay down the procedure for setting up the Child Welfare Commission and for organising its activities.
13. Learners’ and youth organisations that stimulate learners’ moral, national and civic consciousness, patriotism, foster cultural and social development, help satisfy their self-development and self-expression needs may operate at school. The activity of the learners' and youth organisations shall be based on their statutes registered according to the established procedure; their activity may not be contrary to the Constitution and laws of the Republic of Lithuania.
14. Schools create favourable conditions for the functioning of learners’ and youth organisations. Such organisations may be funded and their activities may be otherwise promoted by the State, state and municipal schools - the institution exercising the rights and duties of the owner (the meeting of the participants), other schools - the owner (the meeting of the participants) or other natural and legal persons.
Article 44. Closure and Restructuring of Schools and Assistance Institutions
1. The institution exercising the rights and duties of the owner of a state vocational school, a general education school (the meeting of the participants) shall reorganise, liquidate or restructure such a school in compliance with Government-approved Rules for the Development of the Network of Schools Implementing Formal Education Programmes and with written consents of the institutions that supported the founding of the school. The institution exercising the rights and duties of the owner of a state non-formal education school, an assistance institution (the meeting of the participants) shall reorganise, liquidate or restructure such a school with written consents of the institutions that supported the founding of the school.
2. The municipal council shall independently reorganise, liquidate or restructure non-formal education school (budgetary institutions), general education schools (budgetary institutions), vocational training schools (budgetary institutions) - in compliance with the Government-approved Rules for the Development of the Network of Schools Implementing Formal Education Programmes, assistance institutions –budgetary institutions) – in compliance with the Government-approved Criteria for Founding, Reorganisation, Liquidation and Restructuring of Assistance Institutions. Municipal non-formal education schools (public establishments) shall be reorganised, liquidated or restructured at the decision of the institution exercising the rights and duties of the owner (the meeting of the participants), general education schools (public establishments), vocational training schools (public establishments) – at the decision of the institution exercising the rights and duties of the owner (the meeting of the participants) in compliance with the Government-approved Rules for the Development of the Network of Schools Implementing Formal Education Programmes, assistance institutions (public establishments) – at the decision of the institution exercising the rights and duties of the owner (the meeting of the participants) in compliance with the Government-approved Criteria for Founding, Reorganisation, Liquidation and Restructuring of Assistance Institutions. In the cases where draft decisions of municipal councils concerning the reorganisation, liquidation and restructuring of general education schools contradict decisions of the school community, proposals regarding the reorganisation, liquidation and restructuring of such a school shall be presented by the Ministry of Education and Science. The procedure of adoption of school community’s decisions shall be laid down by the Minister of Education and Science.
Version valid as of 1 January 2019:
2. The municipal council shall independently reorganise, liquidate or restructure non-formal education school (budgetary institutions), general education schools (budgetary institutions) - in compliance with the Government-approved Rules for the Development of the Network of Schools Implementing Formal Education Programmes, assistance institutions –budgetary institutions) – in compliance with the Government-set Criteria for Founding, Reorganisation, Liquidation and Restructuring of Assistance Institutions. Municipal non-formal education schools (public establishments) shall be reorganised, liquidated or restructured at the decision of the institution exercising the rights and duties of the owner (the meeting of the participants), general education schools (public establishments), vocational training schools (public establishments) – at the decision of the institution exercising the rights and duties of the owner (the meeting of the participants) in compliance with the Government-approved Rules for the Development of the Network of Schools Implementing Formal Education Programmes, assistance institutions (public establishments) – at the decision of the institution exercising the rights and duties of the owner (the meeting of the participants) in compliance with the Government-approved Criteria for Founding, Reorganisation, Liquidation and Restructuring of Assistance Institutions. In the cases where draft decisions of municipal councils concerning the reorganisation, liquidation and restructuring of general education schools contradict decisions of the school community, proposals regarding the reorganisation, liquidation and restructuring of such a school shall be presented by the Ministry of Education and Science. The procedure of adoption of school community’s decisions shall be laid down by the Minister of Education and Science.
3. A non-state school, a non-state assistance institution shall be reorganised, liquidated or restructured at the decision of the owner (the meeting of the participants) or in other cases provided for by laws.
4. The restructuring of the structure of a school (except higher education schools) – change of a group or type of a school or changes of carried-out organisational activities (founding or liquidation of classes, groups, divisions, branches, introduction or end of teaching in the state language or in the national community language in the school) – executed by a state and a municipal school - the institution exercising the rights and duties of the owner (the meeting of the participants), other schools - at the decision of the owner (the meeting of the participants), unless otherwise laid down by the laws defining the concrete legal forms of legal persons. The restructuring of the structure of schools (except higher education institutions) carrying out formal education programmes shall be executed in compliance with the Government-approved Rules for the Development of the Network of Schools Implementing Formal Education Programmes. Changing of a group or type of a state school (except vocational training schools) shall be carried out with the written consent of the Minister of Education and Science.
5. The school principal must, not later than within one month of the adoption of the decision, inform in writing each learner about the decision concerning the reorganisation, liquidation, restructuring of the school or the change of a group or type of the school, as taken by the institution exercising the rights and duties of the owner (the meeting of the participants) (state and municipal schools), the owner (the meeting of the participants) (other schools). The school must discharge all obligations of the school to the learners provided for in the education agreement.
6. The institution exercising the rights and duties of the owner (the meeting of the participants) (state and municipal schools), the owner (the meeting of the participants) (other schools) shall reorganise, liquidate or restructure a school, an assistance institution in accordance with the procedure laid down by the Civil Code and other legal acts. Reorganisation procedures of a school (except higher education institutions), an assistance institution shall start not later than four months before their ending and must be completed until 31 August of the current year (and where a school year begins not on 1 September - until the beginning of a school year).
CHAPTER FIVE
Rights and duties of LEARNERS, parents (guardians, CURATORS), teachers and other education providers
Article 45. Agreements between the Learner and the Education Provider
1. The education relationship between the learner and the education provider shall be documented by means of an education agreement.
2. Education agreements of children who are under 14 years of age shall be concluded by their parents (guardians) who act exclusively in the interest of their children.
3. Children between 14 and 18 years of age shall conclude the education agreement with the written consent of their parents (curators).
4. The education agreement shall specify the parties to the education agreement, the curriculum, the form of its completion, obligations of the parties, validity period of the education agreement, the basis and consequences of its termination, revision.
5. Education relationships shall commence from the first day of the learner’s education. Education agreements shall be concluded before the first day of learning. Any contractual provision contrary to this Law or other laws shall be invalid. The education agreement shall be registered at school, unless otherwise provided for in other laws.
Article 46. Learner’s Rights and Duties
1. The learner shall be entitled:
1) to receive information free of charge about existing schools, education programmes and forms of studies;
2) according to his abilities and needs, to study at school, independently study and attain an education level, a qualification;
3) from the age of 14 to independently choose a moral development curriculum (religious instruction or ethics);
5) to choose modules supplementing formal education programmes and modules of these programmes meeting his self-expression needs, elective subjects’ programmes, courses;
6) to get protection from violence, to receive psychological, special-pedagogical, special, social-pedagogical assistance, vocational guidance and informational assistance of education, healthcare at schools, information about evaluation of his achievements and other information pertaining to the learning process;
7) to study in a psychologically-, emotionally- and physically-safe environment based on mutual respect, to have a learning workload and the environment that conform to hygiene requirements;
11) to exercise other rights established in the Law on Vocational Education and Training or the Law on Non-formal Adult Education as well as in other laws;
2. The learner must:
1) upon entering into an education agreement, observe all its terms and conditions as well as the requirements of documents that regulate the school's rules of procedure;
2) attend school, study diligently, adhere to the learner's conduct norms, respect teachers and other members of the school community, not violate their rights and legitimate interests;
Article 47. Parents' (guardians', curators') rights and duties
1. Parents (guardians, curators) shall have the right:
1) to receive information free of charge about existing schools, education programmes and forms of studies;
2) to participate in the selection of a curriculum, the form of education and a school or other education provider for the child (if necessary – to do it on his behalf);
3) to get information about the status of the child, educational and learning needs, progress, school attendance and conduct;
4) to participate in the school's self-governance and to attend meetings of the school community where important school-related issues are discussed and the annual activity report of the school principal is considered;
5) to participate in the evaluation of child’s special educational needs and to receive a comprehensive information about the evaluation results;
6) to send their child who has reached the age of 5 to school to study according to a pre-primary education curriculum and the child who has reached the age of 6 – according to a primary education curriculum;
7) parents (guardians) shall have the right to address the pedagogical psychological service or the educational assistance service, where an education provider is located within the territory serviced by it, regarding the assessment of the maturity of a five-year-old child to be educated according to a pre-primary education curriculum and to receive recommendations from the said services concerning the preparedness of the child for education not later than within 20 working days from the request;
2. Parents (guardians, curators) must:
1) to send their child, who has reached the age of 6 that calendar year, to send to school to study according to the pre-primary education curriculum, with the exception of the cases provided for in paragraph 3 of Article 8 of this Law; to send their child, who has reached the age of 7 that calendar year, to send to school to study according to the primary education curriculum, with the exception of the cases provided for in paragraph 3 of Article 9 of this Law;
2) provide the child with sound and secure living conditions; respect the child, safeguard him against violence, intimidation and exploitation; ensure that the child undergoes timely medical check-ups;
3) co-operate with the school principal, other education provider, teachers, and other professionals who provide special, psychological, social-pedagogical, special-pedagogical assistance, healthcare in dealing with the issues of children's learning and follow their recommendations. When a child uses violence or experiences violence, his parents (guardians, curators) must come together with the child to a consultation with the psychologist at the time specified by him;
4) choose a programme of moral development (religious instruction or ethics) for their children who are under 14 years of age;
6) ensure the child's preparation for school, his learning according to the pre-primary, primary and basic education curricula until he reaches the age of 16;
7) ensure child’s punctual and regular school attendance; if the child cannot attend the school, immediately inform the school;
8) participate in the selection of a curriculum and a school for the child with special educational needs;
Article 48. The Right to Work as a Teacher
1. The following shall have the right to work as a teacher:
1) a pedagogue – according to general education, vocational training and non-formal education programmes;
2) a person who has attained a higher education level (a post-secondary education level acquired before 2009 or a specialised-secondary education level attained before 1995) – according to general education curriculum, vocational training programme and non-formal education programme; persons must, within two years from the beginning of work as a teacher according to pre-school, pre-primary and general education curricula, acquire a pedagogue's qualification; persons must, within one year from the beginning of work as a teacher according to a vocational training programme and a non-formal education programme (with the exception of pre-school and pre-primary education curricula), take in accordance with the procedure laid down by the Minister of Education and Science a pedagogical-psychological knowledge course;
3) a person who has completed a vocational training programme, attained a secondary education level and a qualification, has a three-year work experience in the respective field and has taken in accordance with the procedure laid down by the Minister of Education and Science a pedagogical-psychological knowledge course – according to vocational training and non-formal education programmes (with the exception of pre-school and pre-primary education curricula);
5) a person who has attained a secondary education level and has taken in accordance with the procedure laid down by the Minister of Education and Science a pedagogical-psychological knowledge course – according to non-formal education programmes (with the exception of pre-school and pre-primary education curricula and curricula supplementing the formal education);
2. A description of qualifications attributed to the pedagogue's qualification shall be approved by the Minister of Education and Science. The cases where persons are regarded as persons having the pedagogue's qualification shall be set out by the Minister of Education and Science.
3. The teachers indicated in paragraph 1 of this Article must have a qualification set out by the Minister of Education and Science.
4. A person who has acquired a qualification in a member state of the European Union or the Swiss Confederation and whose appropriate qualification is recognised in accordance with the procedure laid down by the Law on Recognition of Regulated Professional Qualifications, and who meets the requirements set out in paragraphs 1 and 3 of this Article may work as a teacher in Lithuania.
5. A person who has acquired a qualification in a foreign state, with the exception of the qualification acquired in a member state of the European Union or the Swiss Confederation and whose appropriate qualification is recognised in accordance with the procedure laid down by the Government, and who meets the requirements set out in paragraphs 1 and 3 of this Article may work as a teacher in Lithuania.
6. If other laws set for teachers the requirements other than those provided for in paragraphs 1 and 3 of this Article, the requirements set in other laws shall apply.
7. A foreign national or a stateless person may work at schools in accordance with legal acts and international agreements of the Republic of Lithuania.
8. The following persons may not work as teachers:
3) a person who has been declared by court as persons with limited legal capacity or with legal incapacity, until such time as he is declared capable or until the lifting of the capacity limitation;
4) a person whose parental powers have been restricted by court decision – for the duration of restriction;
5) a person who has fallen ill with a disease specified in the respective list of the Ministry of Health;
6) a former staff employee of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) to whom the restrictions under the Law of the Republic of Lithuania on the Evaluation of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) and the Current Activities of the Staff Employees of this Organisation apply;
Article 49. Teacher’s Rights and Duties
1. A teacher shall have the right:
3) to be attested and obtain a qualification category in accordance with the procedure laid down by the Minister of Education and Science;
4) to work in a psychologically-, emotionally- and physically- safe environment based on mutual respect, to be protected from any violence, to have a properly-equipped workplace conforming to hygiene requirements, to receive information, expert, consultative and psychological help at the pedagogical psychological service or from the provider of psychological help with whom the executive body of the municipality has concluded the contract of psychological help provision;
6) to propose to the school principal to address the director of the municipal administration for the provision of a minimum or moderate supervision measure to a child as well as to propose the school principal to impose on a child disciplinary reformative sanctions for violations of the educational institution’s rules of procedure and the learner’s conduct norms, as specified in the Law of the Republic of Lithuania on Fundamentals of Protection of the Rights of the Child (hereinafter: the ‘Law on Fundamentals of Protection of the Rights of the Child’);
2. Teachers must:
2) cultivate learners’ firm moral, civic, ethnic and patriotic positions, the respect for the parents, development of learners’ personal abilities in order to guarantee own cultural identity, deliver the education content in a comprehensible and explicit manner in the correct Lithuanian language where it is defined by legal acts that the appropriate education content is delivered in the Lithuanian language;
3) observe the norms of ethics as approved by educational institutions and the requirements of documents establishing the educational institution's rules of procedure;
5) provide education on the basis of learners’ abilities and vocations, strengthen the motivation to learn and confidence in one’s abilities, render help to learners having educational, learning difficulties and with special educational needs, adapt a subject programme, content, methods to the said learners;
6) impartially evaluate learners’ learning achievements and constantly inform them about learning progress;
7) in accordance with the procedure laid down by the school, inform the parents (guardians, curators) about the status of the child, educational and learning needs, progress, school attendance and conduct as well as report the observed case of violence to the head of that educational institution;
Article 50. Freelance teacher’s rights and duties
1. A freelance teacher may, in accordance with the procedure laid down by legal acts, carry out pre-school, pre-primary education curricula and other non-formal education programmes, implement modules of formal education programmes, modules supplementing formal education programmes and modules of programmes meeting learners’ self-expression needs, and upon the acquiring of the licence - formal vocational training programmes.
2. A freelance teacher shall have the right:
3. A freelance teacher must:
Article 51. Rights and duties of any other provider of education
1. Other education providers shall have the right:
1) to carry out pre-school, pre-primary education curricula and other non-formal education programmes, implement modules of formal education programmes, modules supplementing formal education programmes and modules of programmes meeting learners’ self-expression needs;
2. Other education providers must:
2) deliver the education content in a comprehensible and explicit manner in the correct Lithuanian language where it is defined by legal acts that the appropriate education content is delivered in the Lithuanian language.
Article 52. Management of education and management entities
1. The purpose of education management shall be to assure the quality of implementation of State education policy through administrative means: monitoring, planning, delegation and distribution of powers and responsibility as well as supervision.
2. The entities engaged in education management shall be:
Article 53. Monitoring of education
1. The purpose of monitoring of education shall be to empower all the entities engaged in education management to adopt reasoned decisions and to provide management assuring education quality.
2. State monitoring of education shall, pursuant to indicators of education monitoring and in accordance with the procedure laid down by the Minister of Education and Science, be implemented by the Ministry of Education and Science and other bodies authorised by the Minister of Education and Science, municipal administrations, schools.
3. The Ministry of Education and Science shall annually make a report about the state of the education system in the country and the regions.
4. Personal data shall be administered in the Education Management Information System according to the procedure laid down by the Regulations of the Education Management Information System approved by the Government.
5. If a body authorised by the Minister of Education and Science finds that the educational institution does not have the possibility to ensure the management which guarantees the quality of education, the Minister of Education and Science shall, within 20 working days from the assessment of the annual activity report of the head of the educational institution, apply to the institution implementing the rights and duties of the owner (meeting of the participants) for the reassessment of the annual activity report of the head of the educational institution.
Article 54. Planning of education
1. The purpose of education planning shall, upon assessment of the state of education and with respect to the education needs of society, be to set long-term and short-term goals and tasks of education, set priorities and define means for task implementation.
2. Lithuanian education policy priorities, long-term education goals, directions of change of education content and funding priorities shall be set forth in the National Education Strategy. The Strategy shall be drawn up and presented to the Seimas for confirmation by the Government. The Strategy shall cover a period of ten years and shall be reviewed at least every four years.
3. When implementing the National Education Strategy, municipalities shall set out long-term objectives of education as well as measures for the achievement thereof.
4. A school shall prepare a strategic plan. The school principal shall approve a strategic plan with the consent of the school council, the institution exercising the rights and duties of the owner of the school (a state school – a budgetary institution), the municipal executive body or a person authorised by it (a municipal school – a budgetary institution), the institution exercising the rights and duties of the owner (the meeting of the participants) (a state or municipal school – a public establishment), the owner (the meeting of the participants) (other schools).
5. A school shall prepare an annual action plan. The school principal shall approve an annual action plan with the consent of the school council.
Article 55. Government powers in the area of education management
The Government shall:
1) implement the laws, decrees of the President and resolutions of the Seimas regulating education, long-term state education programmes, the Government Programme in the field of education, approve its implementation programmes;
2) co-ordinate the activities of the Ministry of Education and Science, other ministries and government agencies on the issues of education;
3) found, reorganise, liquidate and restructure state colleges, educational institutions the legal form of which is a public establishment, when necessary – education management entities – government agencies, found institutions under the Ministry of Education and Science and assign to this Ministry the exercising of the rights and duties of the owner of the institution under the Ministry (with the exception of the adoption of decisions on reorganisation and liquidation of such institutions);
Article 56. Powers of the Ministry of Education and Science
The Ministry of Education and Science shall be empowered:
3) to submit proposals and draft resolutions to the Government: regarding preparation and improvement of laws and other legal acts; funding of education, material base of schools, disposal of the property of schools;
4) to manage the Register of Studies, Training Programmes and Qualifications, to establish and manage departmental registers and state information systems as well as to manage personal data administered in state information systems;
5) to co-ordinate activities of education departments of municipal administrations in the implementation of the state education policy, to submit their general regulations for Government approval; to set qualification requirements for heads and specialists of education departments of municipal administrations;
6) to coordinate the development of a network of vocational training schools and general education schools designated for learners with special educational needs within the country (region);
8) in accordance with the procedure laid down by the Government, to issue licences to execute formal vocational training programmes;
9) to organise and coordinate the dissemination of information about vocational training schools and their vocational training programmes with a view of increasing the attractiveness of vocational education and training;
10) to maintain contacts with appropriate institutions of foreign countries and international organisations, to promote independent co-operation of the country's schools and organisations with respective schools and organisations of other countries, to provide funding or otherwise encourage activities of Lithuanians residing abroad in the areas of education and studies, to represent the Republic of Lithuania in foreign countries or at international organisations;
11) to organise the performance review of teachers, educational assistance specialists in schools in which the Ministry exercises in accordance with the procedure laid down by legal acts the rights and duties of the State as the owner or stakeholder;
12) to approve criteria for pre-school education curricula, a general pre-primary education curriculum, general education, teaching content of formal education (descriptions of primary, basic, secondary curricula, teaching plans) approved by the Minister of Education and Science; criteria for accreditation of secondary education curricula and the description of implementation of the procedure thereof; general criteria for non-formal education programmes of the teaching supplementing the formal education, funded from state or municipal budgets, approved by the Minister of Education and Science;‑{}‑
13) to approve the description of the procedure of consecutive learning in accordance with general education curricula, the description of the procedure of pre-school education;
14) to approve the regulations of in-service training and performance evaluation of heads, deputy heads responsible for education, chiefs of teaching organising divisions of state and municipal schools educational institutions (except higher education institutions), the regulations of in-service training and performance review of teachers, specialists providing assistance to learners, the regulation for training of pedagogues, the regulation of the reserve pool of the heads;
15) to take care of teaching of the Lithuanian language and teaching in the Lithuanian language in foreign countries; to analyse whether the use of state budget allocations to education is appropriate, to report to the public on the general state of education in the country and perform other functions prescribed by the laws and the Government.
16) to appropriate by tender budget allocations for establishments, enterprises and organisations carrying out education, research, culture and sports programmes, projects;
Article 561. Register of Studies, Training Programmes and Qualifications
2. The Register of Studies, Training Programmes and Qualifications shall record formal education programmes, qualifications, modules of non-formal vocational training programmes and professional standards.
3. The Ministry of Education and Science shall be the manager of the Register of Studies, Training Programmes and Qualifications.
4. The administrator (administrators) of the Register of Studies, Training Programmes and Qualifications shall be appointed by a Government-adopted legal act approving the regulations of the Register of Studies, Training Programmes and Qualifications. The regulations of the Register of Studies, Training Programmes and Qualifications shall indicate specific functions of the administrator (administrators) of the Register.
Article 562. Education Management Information System
1. The Education Management Information System shall be a state information system designed to furnish data and information necessary for educational entities to analyse and evaluate the state of education in various aspects, to forecast changes of education, to take data-based decisions and to carry out the management ensuring the quality of education.
2. The Ministry of Education and Science shall be the manager of the Education Management Information System.
3. The administrator (administrators) of the Education Management Information System shall be appointed by a legal act approving the regulations of the Education Management Information System. The regulations of the Education Management Information System shall indicate specific functions of the administrator (administrators) of the Education Management Information System.
Article 563. Reserve Pool of Heads of Educational Institutions
1. The reserve pool of heads of educational institutions (hereinafter: the ‘reserve pool’) shall be established and administered in accordance with the procedure laid down by the Minister of Education and Science.
2. Persons who meet the requirements set by the Minister for Education and Science for the head of an educational institution shall be included in the reserve pool.
3. Persons included in the reserve pool shall be personally responsible for the correctness of the provided information on the improvement of their qualifications as well as the career, its renewal, changes in the contact details or other relevant circumstances.
4. Persons included in the reserve pool shall be electronically informed about the position of the head of an educational institution which is vacant or soon to be vacant as well as about the special requirements for the head of an educational institution, and they are invited to take part in the competition for the post of the head of that educational institution.
5. Persons who do not hold the position of the head of an educational institution for more than five years and no longer meet the requirements for the head of an educational institution shall be removed from the reserve pool.
6. If the head of a state or municipal educational institution (other than higher education institutions) whose all annual activity reports have been evaluated well and very well does not win the competition to hold the post of the head of the educational institution for another term of office, he shall, with his consent, be included in the reserve pool, from which he is removed, with his consent, when taking up employment at another institution or in the circumstances referred to in paragraph 5 of this Article.
Article 57. Powers of ministries, state institutions accountable to the Seimas and government agencies in the field of education management
1. Ministries and government agencies shall:
1) participate in working groups for the drafting of documents that regulate educational policy and schools' activities, submit proposals to the Ministry of Education and Science concerning draft legal acts;
3) carry out according to the procedure laid down by the Minister of Education and Science the assessment of annual activity reports of the heads of those educational institutions in which they exercise the rights and duties of the State as the owner or stakeholder in accordance with the procedure laid down by legal acts;
4) to organise in accordance with the procedure laid down by the Minister of Education and Science the performance review of teachers, specialists in educational assistance at schools in which they exercise in accordance with the procedure laid down by legal acts the rights and duties of the State as the owner or stakeholder;
2. The Government shall establish particular competences and responsibilities in education management issues of ministries and government agencies.
Article 58. Powers of municipal institutions in the area of education management
1. A representative institution of the municipality shall:
1) implement the state education policy, set out long-term objectives of education development as well as measures for the achievement thereof;
3) develop a network of schools carrying out pre-school, pre-primary, primary, basic and secondary education curricula, children's and adults' non-formal education programmes; create conditions for the implementation of compulsory education of children. It shall initiate that a network of vocational training and adult education providers, which meets residents’ needs, would be developed, and shall independently develop a network of non-formal education providers.
2. A municipal executive body shall:
2) organise pre-school education, pre-primary education, general education, vocational training and vocational guidance, other children’s non-formal education, non-formal adult education;
3) organise and coordinate the provision of educational assistance to learners, teachers, family, schools, the implementation of minimum supervision measures of a child, approve the criteria of prevention programmes, concluded contracts with providers of psychological help who render educational assistance in the cases referred to in paragraphs 6 and 7 of Article 231 of this Law;
4) in accordance with the procedure laid down by legal acts, appoint heads and specialists of education subdivisions of the municipal administration;
5) in accordance with the procedure laid down by the Minister of Education and Science, execute the assessment of annual activity reports of the educational institutions;
6) organise performance review of teachers, specialists in educational assistance in accordance with the procedure laid down by the Minister of Education and Science;
7) in accordance with the procedure laid down by the Government, organises and keep an accounting of children living within the municipality; ensure that all children study according to compulsory education programmes;
8) organise testing of learning achievements of learners attending schools located within the municipality;
9) in accordance with the procedure laid down by laws, be responsible that every learner residing within its territory would be transported to and from school, organise free-of-charge transportation of learners to schools in compliance with paragraph 1 and 2 of Article 36 of this Law;
Article 59. Appointment, powers, performance evaluation, removal and dismissal of the head of an educational institution
1. The institution exercising the rights and duties of the owner (the meeting of the participants) or a person authorised by him shall approve the job description of the head of a state or municipal educational institution (except higher education institutions), appoint the head of the educational institution to the office by the open competition for a period of five years as well as dismiss him and organise the open competition for the head of an educational institution.
3. At the close of a five-year term of office of the head of a state or municipal educational institution (except higher education institutions), he shall be released from his duties, with the exception of the cases where he wins the open competition to hold the post of the head of the educational institution and is appointed to the post of the head of that educational institution for a new term of office. At the close of a five-year term of office, the head of a state or municipal educational institution (except higher education institutions) shall enjoy the right to take part in the open competition of the same educational institution to hold the post of the head of that institution.
4. Not less than six months left before the close of the term of office of the head of a state or municipal educational institution (except higher education institutions), the institution exercising the rights and duties of the owner of the educational institution (meeting o the participants) shall announce the open competition to hold the post of the head of that educational institution.
5. The Minister of Education and Science shall lay down qualification requirements for heads of state and municipal educational institutions (except higher education institutions), the procedure of the open competition to hold the post of the head of an educational institution and authorise the institution the rights and duties of whose owner are exercised by the Ministry of Education and Science to evaluate the competences of the candidates.
6. Heads of non-state educational institutions shall be appointed to the office and released from their duties in accordance with the procedure laid down by the law.
7. The head of an educational institution shall:
1) direct the drafting of a strategic plan and annual action plans as well as education programmes of the educational institution, the implementation of recommendations on the implementing measures for the prevention of violence at schools, confirm them and direct their implementation;
2) appoint and dismiss teachers, other persons involved in the education process and service personnel, confirm their job descriptions in accordance with the prescribed procedure;
3) be responsible for making public the information specified in Article 26 of this Law, for the democratic management of the educational institution; ensure relations based on co-operation, the observance of the requirements of the Code of Conduct of Pedagogues, transparency in decision-making, the provision of information to community members of the educational institution , in-service training for the educational and non-educational staff, a sound and safe environment that prevents any manifestation of violence or intimidation, as well as the formation of hazardous habits;
4) take care of working conditions of teachers and other employees, organise the search for lacking teachers;
5) analyse the state of operational and management resources of the educational institution and be responsible for results of the educational institution;
6) perform other functions set out in the statutes of the school and the job description of the head of the educational institution;
7) together with the school council, resolve the issues relevant for the school concerning the creation of an environment suitable for education;
8) impose on a learner the disciplinary reformative sanctions, set out in the Law on Fundamentals of Protection of the Rights of the Child, for violations of the learner’s conduct norms;
9) in accordance with the procedure laid down in the Law on Minimum and Moderate Supervision of a Child, address the director of the municipal administration regarding the assignment of minimum and moderate supervision measures to a child;
10) each year submit his annual activity report to the community and the council of the educational institution (except higher education institutions) for consideration and make the said report public. The Minister of Education and Science shall lay down the requirements for an annual activity report of the head of an educational institution;
8. An institution exercising the rights and duties of the owner of an educational institution shall be responsible for publicizing the information about an annual activity report of the head of the education institution.
9. If at the close of the five-year term of office, the head of an educational institution whose all annual activity reports have been assessed as good and very good refuses to participate in an open competition to hold the post of the head of that educational institution or he does not win the said competition, he must, where possible, offered the post he held before the appointment as the head of the educational institution or some other post in an institution established by a legal person established by the State or the municipality, an institution of the Government exercising the owner’s rights and duties or authorized by it, or an institution established by the municipal council or the executive institution of the municipality.
10. If the employment contract is terminated with the head of a state or municipal educational institution (except higher education institutions) because of the reasons specified in paragraph 16 of this Article, an open competition to hold the post of the head of that educational institution shall be announced not later than within ten working days from the termination of the employment contract. An institution exercising the owner’s rights and duties (meeting of the participants) or a person authorised by it, in the case of the heads of educational institutions – the municipal council, having taken the decision on the termination of the employment contract, shall appoint a person of good repute to temporarily hold the post of the head of the educational institution.
11. An institution exercising the owner’s rights and duties (meeting of the participants) or a person authorised by it shall set up a commission consisting of seven members for an open competition to hold the post of the head of an educational institution. An institution exercising the owner’s rights and duties (meeting of the participants), the Ministry of Education and Science, an association of a relevant type of educational institutions or heads shall propose to appoint one member each to the commission for an open competition to hold the post of the head of a pre-school education school or a general education school, as well as an institution exercising the owner’s rights and duties (meeting of the participants) shall invite one representative of the social partners of the educational institution, the school community shall propose to appoint three members (parents, pedagogues, learners (if they are under 16 years of age they are represented by their parents) shall propose to appoint one representative each). Only a person of good repute may be a member of a commission for an open competition to hold the post of the head of an educational institution. State politicians and civil servants of political (personal) confidence may not be members of such commission. The composition of the commission shall be announced on the website of that educational institution.
12. The description of the procedure for setting up a commission for an open competition to hold the post of the head of an educational assistance establishment or another educational institution shall be approved by the Minister of Education and Science.
13. A commission for an open competition to hold the post of the head of a newly established school shall be set up without the persons proposed by the school community. In this case the commission shall consist of four members.
14. The council of an educational institution, having assessed an annual activity report of the head of the educational institution unsatisfactorily, shall apply to the institution exercising the owner’s rights and duties (meeting of the participants) and request its evaluation of the work of the head of the educational institution. If an annual activity report of the head of an educational institution is assessed unsatisfactorily for two consecutive years, the institution exercising the owner’s rights and duties (meeting of the participants) or a person authorised by it, and in the case of the heads of municipal educational institutions – the municipal council shall take a decision to dismiss the head of the educational institution and to terminate the employment contract concluded with him within ten working days from the assessment of the annual activity report of the head of the educational institution, without paying him the severance grant.
15. In the cases where an institution exercising the owner’s rights and duties (meeting of the participants) or a person authorised by it, or the municipal mayor receives the information (personal complaints, information about the fact that the head of the educational institution is suspected or accused of having committed a criminal act, information announced in the mass media or otherwise) about the fact that the head of the educational institution allegedly conducted a serious breach of the working responsibilities or he is not of good repute, such an institution or a person authorised by him not must, later than within three working days from the receipt of this information, initiate an official inspection. The procedure for carrying out official inspections shall be laid down by the Minister of Education and Science. During the official inspection the head of the educational institution must be removed from office at the decision of the institution exercising the owner’s rights and duties (meeting of the participants) or a person authorised by it, or, appropriately, by the decree of the municipal mayor. The municipal mayor shall immediately inform in writing the municipal council about the commenced official inspection, removal from office of the head of the educational institution in respect of whom the official inspection has been commenced as well as about an employee of the educational institution who is appointed to temporarily act as the head of that institution.
16. If during the official inspection it is established that the head of an educational institution has committed a serious breach of his official duties as it is defined in the Labour Code of the Republic of Lithuania, the head of the educational institution shall be dismissed at the decision of the institution exercising the owner’s rights and duties (meeting of the participants) or a person authorised by it. If such a decision is not taken, the Minister of Education and Science or a representative of the Government shall, within five working days from the date of the conducted official inspection, appeal in accordance with the procedure laid down by the Law of the Republic of Lithuania on Administrative Proceedings against the omission of the institution exercising the owner’s rights and duties (meeting of the participants) or a person authorised by it, or in the case of the heads of municipal educational institutions – against the omission of the municipal councils. If during the official inspection it is not established that a serious breach of the official duties has been committed, the head of the educational institution shall be reinstated in the functions he performed. The head of a state educational institution shall not be paid a salary for the period of his removal from office held. If the head of an educational institution is removed from office unreasonably or the circumstances which led to his removal from office, the person shall be reinstated in the functions he performed and shall, within 10 working days from the date on which the head of the educational institution started performing his functions again, be paid the salary for the period during which he was removed from office.
Article 60. Self-governance of a school
1. The self-governance of a school shall be founded upon education goals, the education programmes implemented in the school and the traditions existing in that school.
2. Self-governance bodies of the school shall collegially discuss issues of school activity and funding and, within the scope of their competence as defined in the statutes of the school, adopt decisions, influence decisions of the principal, perform public supervision of the school's management. The variety and competence of self-governance bodies of the school as well as the principles of their establishment shall be legalized by the statutes of the school.
3. The school council shall be the school's highest self-governance body, comprising the learners, the teachers, the parents (guardians, curators) and the local community members. The school council shall account for its activity to the members of the school community who have elected the school council.
4. A member of the school council may be a person with knowledge and ability to help achieve the strategic goals of the educational institution and to fulfill the mission of the educational institution. A member of the school council may not be the head of the same educational institution, state politicians, civil servants of political (personal) confidence.
5. Each year, the school council shall assesses the annual activity report of the school principal and submit its decision on the report to the institution exercising the owner’s rights and duties (meeting of the participants).
6. Other school self-governance bodies (teachers’, learners’, parents' (guardians', curators’)) may also function at school.
Article 61. Municipal education self-governance bodies
1. Municipal education councils and councils of particular education areas may be set up in order to promote participation of the municipal population in the formation of a municipal education policy and to impact the implementation of this policy.
2. Learners, teachers, parents (guardians, curators), social partners, education providers and/or their associations shall be represented in the municipal education council.
Article 62. State education self-governance bodies
The following state education self-governance bodies shall promote the participation of the public in the formation of an education policy and decision-making on matters of education:
1) the Lithuanian Education Council acts as an expert body and provides consultations on strategic issues of education development in Lithuania, submits proposals regarding formal and non-formal education as well as other issues related to education. Regulations of the Lithuanian Education Council shall be confirmed by the Seimas;
2) the General Education Council initiates and approves projects concerning the change of pre-school, pre-primary, primary, basic, secondary education curricula, qualification and professional development of teachers, provision of schools. Its regulations shall be approved by the Minister of Education and Science;
3) the Lithuanian Non-formal Adult Education Council considers the main prospects for development of non-formal education in Lithuania, carries out the analysis of projects for the development of the system of non-formal adult education. Regulations of the Lithuanian Non-formal Adult Education Council shall be approved by the Government;
Article 63. Participation of school community members in education management
1. Members of the school community may participate in education management, and unite into associations, organisations and alliances of various interest groups (learners, students, teachers, parents (guardians, curators), schools, education management level heads) that fulfil tasks and functions for education, culture, scientific research development as set out by their members and provided for in their statutes.
2. In compliance with the Law of the Republic of Lithuania on Associations, teachers' associations, societies and alliances shall participate in the forming of subject content they teach, in resolving issues of teachers' in-service training.
3. Entities of education management shall provide informational, consulting and methodological assistance to the organisations and associations specified in paragraph 1 of this Article for the fulfilment of their functions, and may invite them to provide consultations and act in the capacity of experts.
Article 64. Education supervision
1. The purpose of education supervision shall be to observe the accessibility and quality of education as well as to promote education improvement, to provide consultations and to evaluate activities.
2. Education supervision shall comprise the monitoring of the accessibility and quality of education, provision of consultation to education providers, assistance institutions and education management entities, execution of preventive measures, external evaluation, imposition of sanctions, promotion of education improvement and other measures provided for by the law.
3. The Ministry of Education and Science shall exercise the state supervision of activities of education providers.
4. Supervision of school activities shall be exercised by the institution exercising the rights and duties of the owner (a state school – a budgetary institution), the municipal executive body (a municipal school – a budgetary institution), the institution exercising the rights and duties of the owner (the meeting of the participants) (a state and a municipal school – a public establishment), the owner (the meeting of the participants) (other schools), by engaging external evaluators where necessary.
5. Supervision of the quality of higher education studies shall be exercised in accordance with the procedure laid down by the Law on Higher Education and Research.
6. The institution exercising the owner’s rights and duties (meeting of the participants) shall, in accordance with the procedure laid down by the Minister of Education and Science, carry out supervision of the improvement of quality of activities of the educational institution, having regard to the results of the assessment of the head’s annual activity report.
Article 65. Sources of education funding
Education shall be funded from the following sources:
Article 66. Investments in education development
1. At national level, investment funds for the development of education (construction, renovation, human resource development, etc.) shall be allocated according to programmes set forth in Law of the Republic of Lithuania on the Approval of Financial Indicators of the State Budget and Municipal Budgets for the respective year. The Ministry of Education and Science shall draft one-year and long-term education investment programmes based on the National Education Strategy and the Government Programme.
2. At municipal level, investment funds for education development shall be allocated according to programmes set in budgets approved by municipal councils. Municipal investment programmes shall be drafted taking into account state investment programmes and on the basis of strategic education plans.
Article 67. Funding of education programmes and schools
1. The principle of setting an amount for teaching funds for one student shall be applied when allocating funds from state and municipal budgets of the Republic of Lithuania for the respective year for the financing of formal education programmes at state, municipal and non-state schools (except higher education institutions) and for children’s non-formal education programmes. Teaching funds allocated from state budget funds shall be calculated and distributed pursuant to the methodologies approved by the Government.
2. Teaching funds for municipal and non-state schools to finance pre-primary, primary, basic, secondary education curricula and the modules of these programmes, supplementing formal education programmes and answering to the learners’ self-expression needs, provided at schools of children’s non-formal education shall be allocated from state budget’s special targeted appropriations for municipal budgets, as approved by the Law on the Approval of Financial Indicators of the State Budget and Municipal Budgets for the respective year; teaching funds for state schools shall be allocated from appropriations provided for in the state budget.
3. School maintenance funds shall be allocated to state and municipal schools (except schools specified in subparagraph 1 of paragraph 4 of this Article) by the institution exercising the rights and duties of the owner (the meeting of the participants) in its own prescribed manner.
4. Maintenance funds shall be allocated to schools (except to higher education institutions):
1) to municipal schools (classes or groups) designated for learners with special educational needs in the country (region), where such schools correspond to the purpose and criteria set out in the Rules for the Development of the Network of Schools Implementing the Formal Education Programmes, as well as to municipal schools (classes or groups) designated for learners with special educational needs in the country (region), where such schools implement a pre-school curriculum and a pre-primary education curriculum, shall be allocated from special targeted appropriations of the respective year’s state budget of the Republic of Lithuania for municipal budgets pursuant to the Government-approved methodologies and from municipal budget appropriations;
5. In schools whose legal form - a budgetary institution, children's non-formal education programmes (except pre-primary education curricula) shall be funded in accordance with the procedure laid down by legal acts of the institution exercising the rights and duties of the owner of the school, learners (their parents (guardians, curators) and sponsors; in other schools such programmes shall be funded in accordance with the procedure laid down by the statutes of the school. Funds from state and municipal budgets may be appropriated to state and municipal schools whose legal form – a budgetary institution, for the carrying-out of children's non-formal education programmes (except pre-primary education curricula).
6. Non-formal adult education schools, assistance institutions whose legal form - a budgetary institution shall be financed in accordance with the procedure laid down by the institution exercising the rights and duties of the owner, another non-formal adult education school; assistance institutions shall be financed in accordance with the procedure laid down in their statutes. Funds from state and municipal budgets may be appropriated to state and municipal non-formal adult education schools, assistance institutions whose legal form – a public establishment.
7. Vocational education and training shall be financed in accordance with the procedure laid down in the Law on Vocational Education and Training.
8. Higher education institutions shall be financed in accordance with the procedure laid down by the Law on Higher Education and Research.
9. Pre-school education and children's non-formal education schools, non-formal education programmes shall be, in accordance with the procedure laid down by legal acts, allocated funds from state and municipal budgets; funds may also be allocated in accordance with the procedure laid down by the Government from special targeted appropriations of the respective year’s state budget of the Republic of Lithuania for municipal budgets.
10. Non-state schools of traditional religious communities and associations implementing formal education programmes shall be financed in accordance with the procedure laid down by the Government or an institution authorised by it, by allocating from the budget the teaching funds and school maintenance funds of the same amount as those allocated to state or municipal schools of the corresponding type, where an international agreement of the Republic of Lithuania provides for such arrangements.
Article 68. Remuneration of school principals, deputy principals responsible for education, chiefs of teaching organising divisions, teachers, and specialists providing assistance to learners
1. The salary of the head of a state or municipal educational institution (except higher education institutions), deputy head responsible for education, chief of a teaching organising division shall depend on the individual’s attained education level, length of service and complexity of activity.
2. The salary of a teacher of a state (except higher education institutions) and a municipal school, a specialist providing assistance to a learner shall depend upon the individual’s attained education level, length of service, qualification category, complexity of activity.
3. The Government shall lay down the procedure for paying salaries to principals of state (except higher education institutions) and municipal schools, deputy principals responsible for education, chiefs of teaching organising divisions, teachers, specialists providing assistance to learners and other employees participating in the process of education.
4. Management qualification categories of principals of state (except higher education institutions) and municipal schools, deputy principals responsible for education, chiefs of teaching organising divisions shall be determined and evaluation of conformity of activities of the said persons to the qualification category shall be carried out every five years; qualification categories of teachers, specialists providing assistance to learners shall be determined in accordance with the procedure laid down by the Minister of Education and Science.
5. Salaries of principals, teachers and other employees of non-state schools shall be fixed in accordance with the procedure established by the law.
6. Employees of state higher education institutions shall be paid for work in accordance with the procedure laid down by the Law on Higher Education and Research.
Article 69. Material Assistance
1. Students who study according to vocational training programmes seeking to acquire the first qualification or to change the qualification pursuant to the Law of the Republic of Lithuania on Employment or the Law of the Republic of Lithuania on Social Integration of the Disabled, as well as students of vocational training establishments of the internal affairs may be paid a stipend and receive material support in accordance with the procedure laid down by the Government.
2. Support for a student of a higher education institution shall be set out by the Law on Research and Higher Education.
3. A learner who studies according to non-formal education programmes may receive support in accordance with the procedure laid down by the law.
4. The institution (the meeting of the participants) exercising the rights and duties of the owner of a school (except higher education institutions) (state and municipal schools), the owner (the meeting of the participants) (other schools) shall, in their own prescribed manner, ensure that teachers and other persons participating in the education process would receive compensation for the expenses related to in-service training for at least five days per year.
5. The institution (the meeting of the participants) exercising the rights and duties of the owner of a state school (except higher education institutions) from general appropriations allocated to it from the state budget or with other funds in its own prescribed manner, the institution (the meeting of the participants) exercising the rights and duties of the owner of a municipal school from the municipal budget or with other funds in its own prescribed, the owner (the meeting of the participants) of other schools (except higher education schools) in his own prescribed manner may also provide other material support or reimburse for certain expenses (travelling to and from the workplace by a vehicle which is private, rented, or transferred under a loan for use agreement, residential space lease, others) to teachers and other persons participating in the education process.
Article 70. Payment for education
1. Education in state and municipal schools according to pre-primary, primary, basic, secondary, vocational education curricula and vocational training programmes designed for the acquisition of the first qualification shall be free of charge.
2. The pay for education, teaching at non-state schools shall be set by the owner of the school (the meeting of the participants). The pay shall be paid on the basis of an agreement.
3. Learners studying according to primary, basic, secondary education curricula shall use textbooks free of charge.
4. Learners studying according to formal vocational training programmes shall be provided with textbooks partially for free. A learner may be provided with textbooks free of charge upon the evaluation of the social status of his parents (guardians, curators).
5. Personal school supplies (exercise books, pens, calculators, etc.) shall be provided for learners by parents (guardians, curators).
6. A learner with special educational needs shall be provided free of charge with teaching aids at school.
7. The institution exercising the rights and duties of the owner of the school (the meeting of the participants) (state and municipal schools), the owner (the meeting of the participants) (other schools) shall determine the amount of the pay for additional services provided at the parents' (guardians’, curators’) request and set out in statutes of pre-school education and general education schools (extended day groups, afterschool learners‘ care, clubs, extracurricular groups, camps, excursions, etc.).
8. The Minister of Education and Science shall determine the pay for attained education level certificate forms, for repeat learning of requested subjects of the secondary education curriculum requested by persons who have attained a secondary education level and wish to better prepare for further studies, also for matura examinations taken by the said persons.
9. The institution exercising the rights and duties of the owner of the school (the meeting of the participants) (state and municipal schools), the owner (the meeting of the participants) (other schools) shall determine the amount of the pay for children's non-formal education (except pre-school education) and non-formal adult education provided by the schools (except higher education schools). The pay for children's non-formal education (except pre-school education) shall be reduced taking into account learners’ talents and the social status of the parents (guardians, curators).
10. Additional, not provided for in education programmes, teaching, learning services (consultation, courses, etc.) rendered by vocational training schools, practical training aids shall be provided for a pay. The amount of the pay for the services provided shall be determined by the school principal after consultation with the school council.
11. The institution exercising the rights and duties of the owner of the school (the meeting of the participants) (state and municipal schools), the owner (the meeting of the participants) (other schools) shall determine the amount of the pay for maintenance of children undergoing education according to pre-school education curricula. The pay may be reduced in accordance with the procedure and in the cases laid down by the institution exercising the rights and duties of the owner of the school (the meeting of the participants) (state and municipal schools), the owner (the meeting of the participants) (other schools).
12. Payment for studies at higher education institutions shall be set in accordance with the procedure laid down by the Law on Higher Education and Research. The amount of the pay for non-formal education provided by a higher education institution shall be fixed by the higher education institution.
Article 71. Participation in the international dimension of education
1. Entities of the education system of Lithuania shall have the right to participate in the international dimension of education, international programmes or otherwise cooperate with entities of education systems of foreign countries.
2. The terms and procedure of the participation or cooperation shall be established in international agreements of the Republic of Lithuania, agreements between institutions of the Republic of Lithuania and institutions of foreign states, other legal acts of the Republic of Lithuania, direct cooperation agreements between educational institutions of the Republic of Lithuania and foreign states.
3. If any ratified international treaties of the Republic of Lithuania that are in effect provide for provisions different than those of this Law, the provisions of the international treaties shall apply.
Article 72. Implementation of education programmes of foreign states and international organisations
1. Schools of foreign states and international organisations (except higher education institutions) shall be founded and function in the Republic of Lithuania according to the terms and in accordance with the procedure set forth in this Law, international agreements of the Republic of Lithuania and other legal acts. Education programmes of foreign states and international organisations (except higher education study programmes) may be carried out (stopped) in accordance with the procedure laid down by the Government upon the written consent of the Minister of Education and Science.
2. Higher education study programmes of foreign states shall be carried out in Lithuania in accordance with the procedure laid down by the Law on Higher Education and Research.
3. Education programmes of foreign states and international organisations may be carried out at schools of the Republic of Lithuania not in the Lithuanian language. Persons who have completed in Lithuania the education programmes of foreign states and international organisations shall be issued certificates of the respective foreign states or international organisations.