Osservatorio delle libertà ed istituzioni religiose

Olir

Osservatorio delle Libertà ed Istituzioni Religiose

Documenti • 14 Maggio 2006

Legge 2004, n.1136

Legge n. 628/1998: “Basic Education” (Amendments up to 1136/2004)

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Section 11 Content of education

1. The basic education syllabus shall contain, as enacted by virtue of Section 14, the following core subjects: mother tongue and literature, the second national language, foreign languages, environmental studies, health education, religious education or ethics, history, social studies, mathematics, physics, chemistry, biology, geography, physical education, music, art, crafts, and home economics. Education may, as enacted by virtue of Section 14, be based on syllabi of different extent. Providers of basic education who have been assigned a special educational mission under Section 7 or 8 may deviate from the provisions of this subsection. (Amendment 453/2001)

2. A pupil may be taught subjects suited for basic education other than those referred to in subsection 1, as determined in the curriculum. These subjects may be partly or totally free-choice or optional.

3. The pupil shall be given guidance counselling.

4. Notwithstanding the provisions of this Section, pre-primary education, additional voluntary education and education preparing for basic education shall be governed by the provisions of Section 14.

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Section 13 Religious education and ethics (Amendment 454/2003)

1. The provider of basic education shall provide religious education in accordance with the religion of the majority of pupils. In this case, religious education is arranged in conformity with the religious community to which the majority of pupils belong. A pupil who does not belong to this religious community may attend the said religious education after the provider of basic education has been notified of the matter by the parent/carer.

2. Three or more pupils belonging to the Evangelical-Lutheran Church or the Orthodox Church who do not participate in religious education referred to in subsection 1 shall be provided education in accordance with their own religion.

3. Three or more pupils belonging to a religious community other than those referred to in subsection 2 who do not participate in religious education referred to in subsection 1 shall be provided religious education in accordance with their own religion, if their parents/carers so request.

4. If a pupil belongs to more than one religious community, the pupil’s parent/carer shall decide in which religious education the pupil will participate.

5. Pupils who do not belong to any religious community and do not take part in religious education referred to in subsection 1 shall be taught ethics. A pupil belonging to a religious community who is not provided religious education in accordance with his or her religion shall be taught ethics when requested by his or her parent/carer. The provider of basic education shall organise ethics education if there are at least three pupils entitled to it.

6. A pupil who does not belong to any religious community may, at the request of his or her parent/carer, also participate in religious education provided by the provider of basic education which, in view of his or her upbringing and cultural background, evidently corresponds to his or her religious beliefs.

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Section 42 Appeal (Amendment 477/2003)

1. An appeal against an education provider’s decision regarding religious and ethics instruction referred to in Section 13 of this Act, a warning issued to a pupil, a suspension, a benefit and right referred to in Sections 31, 31 a, 32, 33 and Section 34(1) shall be lodged with an administrative court in accordance with the provisions of the Administrative Judicial Procedure Act. Decisions referred to in Section 36 other than those referred to in this subsection may not be appealed against.

2. Notwithstanding subsection 1, an appeal against a decision shall be lodged with the state provincial office in accordance with the provisions of the Administrative Judicial Procedure Act, if the decisions concerns: (1) admission to a school; (2) admission or transfer to special-needs education referred to in Section 17(2) against the parent/carer’s will or contrary to an individual educational plan; (3) special teaching arrangements referred to in Section 18; and (4) an exemption from the school starting age referred to in Section 27.

3. An appeal against a decision made by the state provincial office concerning an appeal against a matter referred to in subsection 2 (1–3) shall be lodged with an administrative court in accordance with the provisions of the Administrative Judicial Procedure Act. A decision of the state provincial office concerning an appeal referred to in subsection 2 (4) may not be appealed against.

4. An appeal against a decision referred to in subsection 2 or 3 or a decision to issue a written warning to a pupil or to suspend a pupil shall be lodged within 14 days of the date on which the pupil’s parent/carer was notified of the decision. Matters referred to in this subsection shall be processed as urgent.

5. The ruling of an administrative court concerning a matter referred to in subsections 3 and 4 may not be appealed against.

6. A decision concerning pupil assessment referred to in Section 22 above may not be appealed against. A pupil’s parent/carer may request that a decision to make a pupil repeat a class or that an end-of-school assessment be redone. If the parent/carer is not satisfied with the new assessment made upon request or a decision to deny the request, he or she may request that the state provincial office rectify the assessment. Further provisions concerning re-assessment and the rectification of an assessment shall be enacted by decree.

7. When education is provided abroad, the competent administrative court is the Helsinki Administrative Court and the competent state provincial office the State Provincial Office of Southern Finland.

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Section 46 Education for persons other than pupils of compulsory school age

1. Basic education provided to persons other than pupils of compulsory school age come under the provisions of Section 2, Section 3(1) and (2), Section 9(1), Sections 10–15, 18–22 and 29, Section 30(1), and Sections 35, 37, 38 and 40–44. Teaching, textbooks and other learning material, school equipment and work materials shall be free of charge for the pupil. In education arranged in the form of a boarding school in accordance with a decision of a local authority or a municipal consortium or with a stipulation of an authorisation referred to in Section 7, the pupil shall be entitled to accommodation and sufficient daily meals free of charge. In full-time studies, the student shall be entitled to a free meal on school days on which the student is required to be present according to the curriculum at a place designated by the education provider. On grounds referred to in Section 36(1), a student may be issued a written warning or be suspended for a maximum of one year.

2. A person who intends to study only the syllabus of one or several subjects included in the basic education curriculum may also be admitted as a student. Students referred to in this subsection may be charged moderate tuition fees.

3. Education referred to in subsections 1 and 2 may deviate from the provisions of Sections 11 and 13 to an extent determined in the core curriculum. A student over 18 years of age shall be taught either religious education or ethics according to his or her choice.

4. Education referred to in this Section may be arranged either partly or totally in the form of distance education.

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