Article 8. State guarantees in the field of education The Law on Education
1. The right to education is ensured by the State through the development of the education system, the improvement of the legal basis for its functioning and the creation of the necessary socio-economic conditions for education in accordance with the Constitution of the Republic of Kazakhstan.
State control over the quality of education is ensured by creating and ensuring the functioning of a national education quality assessment system.
1-1. The State creates conditions for persons (children) with special educational needs for their self-improvement, lifelong learning at all levels of education, and the free development of their abilities, including the right to choose the form of education within the limits provided by the education system, taking into account their individual developmental characteristics.
2. The State ensures that citizens of the Republic of Kazakhstan receive free pre-school, primary, basic secondary, general secondary, technical and vocational education with the assignment of working qualifications or work qualifications to graduates within the same specialty, as well as on a competitive basis in accordance with the state educational order for free technical and vocational, post-secondary, higher and postgraduate education, if the education of each of these levels, a citizen of the Republic of Kazakhstan receives for the first time, with the exception of education, received in military, special educational institutions and educational organizations under the President of the Republic of Kazakhstan.
Foreigners and stateless persons permanently residing in the Republic of Kazakhstan, as well as those who entered the Republic of Kazakhstan for the purpose of family reunification, have equal rights with citizens of the Republic of Kazakhstan to receive pre-school, primary, basic secondary and general secondary education in accordance with the procedure established by the authorized body in the field of education.
Stateless persons permanently residing in the Republic of Kazakhstan are granted the right to receive free technical and vocational, post-secondary, higher and postgraduate education on a competitive basis in accordance with the state educational order, if they receive education at each of these levels for the first time, with the exception of military and special educational institutions.
The right for foreigners to receive free technical and vocational, post-secondary, higher and postgraduate education on a competitive basis in accordance with the state educational order is determined by international treaties of the Republic of Kazakhstan, with the exception of persons studying under scholarship programs.
2-1. The State provides conditions for the creation of an information and communication infrastructure for e-learning using information and communication technologies.
2-2. The state creates conditions for providing students, undergraduates and doctoral students with newly introduced places in dormitories for students, undergraduates and doctoral students by placing a state order to provide students, undergraduates and doctoral students with places in dormitories. Payment for accommodation in dormitories is not included in the state order for providing students, undergraduates and doctoral students with places in dormitories.
The state contract for providing students, undergraduates and doctoral students with places in dormitories is concluded between the authorized body in the field of education, the operator of the authorized body in the field of education and the owner of the dormitory for a period exceeding three years, and comes into force after its mandatory registration in the territorial divisions of the central authorized body for budget execution. A mandatory condition of the state contract for providing students, undergraduates and doctoral students with places in dormitories is the prohibition on changing the purpose of the dormitory for a period of at least twenty years.
3. In order to ensure the availability of technical and vocational, post-secondary, higher and postgraduate education, conditions are being created for the development of the State Educational Accumulative System and non-governmental educational lending.
The Government is taking measures to create a system for guaranteeing educational loans issued by financial institutions.
4. The State fully or partially compensates the expenses for the maintenance of citizens of the Republic of Kazakhstan in need of social assistance during the period of their education.
The category of citizens of the Republic of Kazakhstan who receive social assistance includes:
1) orphaned children, children left without parental care;
2) children with developmental disabilities, children with disabilities, persons with disabilities and persons with disabilities since childhood;
3) children from large families;
4) children in juvenile adaptation centers and support centers for children in need of special social services;
5) children living in boarding schools of general and sanatorium types, boarding schools at schools;
6) children who are brought up and studying in specialized boarding schools for gifted children or with advanced pre-conscription training;
7) pupils of boarding schools;
8) children from families eligible for state targeted social assistance, as well as from families not receiving state targeted social assistance, in which the average per capita income is below the subsistence level;
9) children who, for health reasons, have been studying for a long time under the programs of primary, basic secondary, general secondary education at home or in organizations providing inpatient care, as well as rehabilitation and medical rehabilitation;
10) other categories of citizens determined by the laws of the Republic of Kazakhstan;
11) other categories of citizens determined by the decision of the Government of the Republic of Kazakhstan.
4-1. The State fully or partially compensates for the cost of meals for certain categories of students in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan.
5. For citizens who are unable to attend secondary education institutions for a long time due to health reasons, individual free education is provided at home or in organizations providing inpatient care, as well as rehabilitation treatment and medical rehabilitation.
6. The State, realizing the goals of inclusive education, provides citizens with developmental disabilities with special conditions for their education, correction of developmental disorders and social adaptation at all levels of education.
7. The State guarantees the functioning of small schools and boarding schools to ensure the right to receive primary, basic secondary, and general secondary education for children living in settlements with small populations.
8. The state creates the necessary conditions for gifted citizens of the Republic of Kazakhstan to receive elite education, including abroad.
The Law of the Republic of Kazakhstan dated July 27, 2007 No. 319-III.
This Law regulates public relations in the field of education, defines the basic principles of state policy in this field and is aimed at ensuring the constitutional right of citizens of the Republic of Kazakhstan, as well as foreigners and stateless persons permanently residing in the Republic of Kazakhstan, to education.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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