Obligation of and exemption from tuition fee payment
Year after year we receive many questions in connection with the possibilities to be granted exemption from paying tuition fees.
| A complainant participating in training where he pays tuition fees protested that due to the statutory solution currently in effect, state-financed students are the primary beneficiaries of other forms of state support, while students paying tuition fees have no access to these benefits. We informed him that in accordance with current statutes students participating in fee-paying tuition are indeed not entitled to grants, because the various allowances are accessible only by students participating in state-financed education. It is our position that this situation is not in contrast with the provisions of the Constitution that prohibit negative discrimination, as through these allowances the state actually grants benefits to certain students. In accordance with the practice of the Constitutional Court , in cases of providing such benefits has great freedom of deliberation with respect to choosing the beneficiaries, provided this choice is not arbitrary. In the case of state-financed students and students paying tuition fees the differentiation is not arbitrary, because it is based on the sensible assumption that students paying tuition fees can afford to spend more on financing their studies. When applying to higher education institutions, applicants can choose which type of training they want to participate in, and by choosing fee-paying tuition they undertake the ensuing financial burdens (K-OJOG-745/2004.)
In his letter a complainant inquired whether the higher education institution has the right to obligate him to pay the full amount of tuition fees, if during the past terms he has been granted payment benefits. We have informed him that pursuant to Article 24 of the Financing Decree, the higher education institution is entitled to grant tuition fee payment benefits or exemption from tuition fee payment for the given term. This request must be resubmitted every term, and the institution makes a new decision with respect to every term. Based on the above the institution has acted within its rights by not awarding the payment benefit automatically. (K-OJOG-992/2004.)
|
During the previous year we have received numerous question regarding the tuition fee-payment requirements and related statutory benefits of parents receiving child care allowance and child care benefit. Paragraph (1) of Article 22 of the Financing Decree ensures that parents participating in fee-paying education are entitled to exemption from paying tuition fees, provided the student of the higher education institution receives child care allowance or child care benefits on the first day of the given term (educational period). In such cases the amount of tuition fee is disbursed to the higher education institution by the Ministry of Education in accordance with the Financing Decree. The benefits regarding exemption from paying tuition fees are ensured by the Financing Decree for state universities and colleges, as well as for non-state-financed higher education institutions (such as institutions maintained by foundations or institutions of military education) and institutions maintained by religious organisations, provided the colleges or universities in question enter into a separate agreement with the Ministry of Education. Annex 1 of the Higher Education Act lists the higher education institutions of the Republic of Hungary . Exemption from the payment of tuition fees can be requested in these institutions. In non-state-financed higher education institutions and institutions maintained by religious organisations, the exemption from the payment of tuition fees is enforced in accordance with the separate agreement entered into with the Ministry of Education. (K-OJOG-2/2004, K-OJOG-602/2004, K-OJOG-712/2004, K-OJOG-788/2004, K-OJOG-858/2004, K-OJOG-810/2004, K-OJOG-928/2004, K-OJOG-929/2004)
The first time our office took a stand regarding the changing of majors during the first undergraduate course was in 2001, then in 2002 Act XCI of 2001 on the Amendment of the Higher Education Act entered into force and made the options regarding the changing of majors and the content of State-financed Training Programme very clear. At the same time, in 2004 we received several complaints which show that students are not aware of the consequences and financial burdens of the changing of majors. We have also had several cases where higher education institutions failed to explain the new tuition fee payment requirements imposed on students, and they had to receive information on the legal background in connection with this from us.
Pursuant to current regulations, in accordance with Paragraph (6) of Article 19 of the Financing Decree and Point d) of Article 124/E of the Higher Education Act, students who have previously participated in State-financed Training Programme, then terminated said training and within the framework of a new admission procedure are continuing their studies as once again as state-financed students, cyan only be financed by the state in this new training until th4e number of state-financed terms does not exceed the education period specified in the qualification requirements of the new training.
The legal institution created through the above provision is the institution of the changing of majors in higher education. In accordance with the above, if a student has begun studies at a certain major of a higher education institution, but terminates his student status there and after taking new entrance examinations continues studies at another higher education institution, he can only participate in State-financed Training Programme in accordance with the above and is required to pay tuition fees after the period specified above ends. The decree does not grant exemption from this regulation. At the same time the higher education institution is entitled to grant full or partial exemption from paying tuition fees. The institution is also entitled to receive students from fee-paying training to fill vacant state-financed places. The higher education institution regulates the above in its regulations. [K-OJOG-484/2004, K- OJOG-547/2004, K-OJOG-718/2004, K-OJOG-826/2004, K-OJOG-861/2004, K-OJOG-948/2004]
Benefits and Allowances
Higher education studies are usually accompanied by financial burdens which the state attempts to relieve through providing various financial benefits. Despite the fact that the basic questions regarding the awarding of these benefits are regulated by the statutes, students are still usually very sensitive to the decisions made by higher education institutions. We have received numerous complaints protesting the proceedings of higher education institution in connection with requests for housing aid. Pursuant to Point b) of Paragraph (1) of Article 6 of the Financing Decree, housing aid disbursed in cash is one of the legal titles of the utilisation of appropriated student aids, the utilisation of which, must be regulated in the rules of operation and organization of the higher education institution within the framework of the Act on the State Budget. In accordance with Paragraph (1) of Article 8 of the Financing Decree, housing aid can be requested on the basis of the social status of the student and the application submitted by him/her. The conditions and terms of submitting applications and awarding the aid must also be specified in the rules of operation and organization of the higher education institution. When awarding housing aids the following must be taken into account: the number of people living in one household, the financial standing of these people, the distance between the place of residence and the place of education. (K-OJOG-727/2004, K-OJOG-453/2004)
Another issue that makes the financing of studies difficult is when higher education institutions revoke students' right to student cards and accompanying benefits.
|
A petitioner's child was informed by his college that he is to hand in his student card despite the fact that he has not yet obtained his final certificate. We have informed the petitioner that in accordance with current statutes and in contrast with the college decision his child is still entitled to use the student card. Pursuant to Paragraph (1) of Article 29 of the Higher Education Act, student cards are documents attesting to the existence of student status. Pursuant to Paragraph (1) of Article 27 of the Act, student status lasts until the day of entering into force of the decision determining deletion from the student register, or the last day of the first final examination period following the obtaining of the final certificate in the given year. (K-OJOG-919/2004.) |
Content
|
