CHARGES AND FEES PAYABLE BY THE STUDENTS AND THE AVAILABLE FORMS OF SUPPORT
This year, once again we received numerous petitions in connection with fees and charges payable by students. Our staff often provided information over the phone to students inquiring about tuition fees and the payment of these fees. The number and nature of cases show that students do not have sufficient information on the regulation of the fees and charges payable by them, and they do not receive this information from the higher education institution either. We can say that finding directions in the complex system of legal regulations regarding fees and charges is a difficult task for both students and the institutions.
In many cases the source of the problem was the unclear concept of training contributions and tuition fees. These terms are often misused by students and institutions. Pursuant to Paragraph (1) of Article 31 of the Higher Education Act, students participating in state-financed training programmes pay training contributions and other fees, while students participating in non-state-financed training programmes pay tuition fees and other fees. Naturally, only students in state-financed training programmes can be granted exemption from payment of training contributions. Besides the Higher Education Act, information and regulations regarding fees and contributions payable by students, as well as forms of support available to them are contained in Government Decree No. 51/2002 (III. 26.) on Fees and Contributions Payable by Students and the Forms of Support Available to them (hereinafter referred to as: Financing Decree).
State-Financed Training Programmes
Despite the fact that the Higher Education Act and the Financing Decree determine what fees higher education institutions are entitled to ask for in the case of students in state-financed training programmes, in many cases universities and colleges have established new payment requirements and introduced payment solutions that are not in adherence of statutory provisions. We have launched an inquiry into the matter.
| In 2004 the complainant was accepted to the technical training department of the faculty of technical engineering of the university. After this, in the information pamphlet on admission and signing up, the institution determined a fee of HUF 88 000 to be paid by the petitioner as "tuition fees" and "training fees". As this act is contradictory to Article 18 of the Financing Decree, which regulates that students in state-financed training programmes are exempt from paying tuition fees, we have launched an inquiry into the matter. At our request the dean of the university conducted an internal investigation. The results of this investigation determined that the faculty of technical engineering made an error, due to a faulty interpretation of the law, in requiring that the petitioner pay the fee of HUF 88 000. The dean informed the faculty about the results of the investigation and requested that they act in accordance with statutory provisions. Since the dean has corrected this situation within his sphere of competence, we consider the matter closed. (K-OJOG-790/2004.)
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We have had several higher education institutions come to us and request our opinion on how to avoid potential unlawful situations related to the introduction of various payment obligations.
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The management of a higher education institution came to our office and asked for our opinion regarding whether the college can ask for compulsory fees from students for the use of multimedia language training software. Pursuant to Paragraph (2) of Article 21 of the Financing Decree, state higher education institutions can-beyond the fees determined in separate statutes and the government decree and with the approval of the student council-in the rules of operation and organisation, determine further fees for other services that are not related to fulfilment of obligations established in qualification requirements or educational requirements. The student is only required to pay the above fee, if he or she uses the service in question. Beyond training contribution, tuition fees and other fees as determined by Paragraph (2) of Article 21 of the Financing Decree, no other payment requirements may be established for students. This means that if language education is compulsory for students as determined by the curriculum, then no fee can be charged for the use of the multimedia language training software. If language education is provided by the school as an extra-curricular activity, then pursuant to Paragraph (2) of Article 21 of the government decree students may be required to pay fees. At the same time, the prior approval of the student council is necessary in order to determine the fee. (K-OJOG-771/2004.) |
Oftentimes, complainants are unable to correctly interpret statements and statutes regarding the free obtainment of the first degree. Even though the media likes to repeat that "one degree is free", and that the relevant conditions will be implemented in the near future through the passing of the new higher education bill, this is not supported as yet by the current legislation.
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The complainant obtained his first degree in training where he paid tuition fees, and in his letter he asked us how he could take advantage of the benefit that allows the first degree to be obtained free of charge. We informed him that pursuant to Point d) of Article 124/E of the Higher Education Act, first training is the training aimed at the acquisition of the first university or college level qualification in undergraduate training, where the student is first admitted and where in accordance with the Higher Education Act starts a student status. Paragraph (1) of Article 3 of Government Decree 80/2004 (IV. 19.) on the 2004 Financing of Higher Education Institutions Based on Training and Maintenance Capitation Grants establishes students learning in their first full time, night and correspondence undergraduate training as state-financed students. Based on the above statutes, there is no possibility for students to participate in higher education training free of charge after obtaining the first diploma. (K-OJOG-693/2004.)
A student inquired whether there is a possibility to continue his state-financed studies at another higher education institution, while continuing his present studies as a student paying tuition fees. We informed him that pursuant to Point d) of Article 124/E of the Higher Education Act, first training is the training aimed at the acquisition of the first university or college level qualification in undergraduate training, where the student is first admitted and where in accordance with the Higher Education Act starts a student status. Paragraph (1) of Article 3 of Government Decree 80/2004 (IV. 19.) on the Financing of Higher Education Institutions Based on Training and Maintenance Capitation Grants establishes students learning in their first full time, night and correspondence undergraduate training as state-financed students. In the above student's case the first training is his college training, therefore, he is only entitled to state-financed tuition and accompanying benefits during his studies at this institution. (K-OJOG-630/2004.) |
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