MATTERS RELATING TO STUDIES AND EXAMINATIONS
Regarding the fulfilment of academic obligations in general we can say that higher education institutions and their students are primarily bound by the relevant provisions of the Higher Education Act. These regulations are supplemented or specified by the government decrees on the qualification requirements of individual degree programmes and degree programme groups. Higher education institutions create their own, internal regulations on several levels: at the all-institution-level and the faculty-level. These regulations contain lower level rules than statutes, yet they are of normative force. This means two things. Firstly, these regulations cannot contradict higher level statutory provisions; secondly however, if they were established in the framework of the appropriate procedure and in accordance with statutes, then they are binding for both the given institution and the students thereof. Therefore when we examined the procedure of a higher education institution, in addition to the statutes in almost all cases we also had to examine the internal norms of the given educational institution.
This year most of the complaints we received from the field of academic and examination affairs were in connection with foreign language examination requirements.
| A university did not allow the complainant to take his final examinations as he did not have a foreign language examination certificate. We informed him that in accordance with Paragraph (7) of Article 95 of the Higher Education Act, the foreign language examination certificate is a condition of the issuing of the diploma. In light of this, therefore, the petitioner can take the final examination without the foreign language examination certificate; however he can only obtain his diploma after presenting this certificate. (K-OJOG-486/2004.)
The second-year students of a college found it offensive that the government decree specifying stricter foreign language examination certificate requirements was only published after application forms were submitted. In their petition they emphasised that in the absence if information regarding the decree they were unable to adequately consider all factors during application and that the decree did not allow sufficient time to prepare for the changing of the norms in contrast with Act XI of 1987 on Legislation. In our reply, we told them that with respect to "sufficient time" Paragraph (3) of Article 12 of the Act on Legislation prevails, according to which the entering into force of a provision must be determined in such a way that there remains sufficient time to prepare for the application of said provision. In accordance with the practice of the Constitutional Court, this provision sets the following partial obligations for the legislators: the entering into force of a statute must be determined in such a way that there remains sufficient time to obtain and study the text of the statute, for executive bodies to prepare for the application of the statute; and for persons and bodies concerned to decide how to adapt to the provisions of said statute and to provide individual and material conditions necessary for voluntary adherence. With respect to the issue brought up by the complainants, these conditions stand. They had the opportunity to get information about the statute in time, and they had sufficient time to adapt. Previously in such cases we examined whether the legislator left an unrealistically short time for students to meet linguistic requirements, i.e. to obtain foreign language examination certificates. In similar cases we have consistently concluded that if students were already aware of the requirements at the beginning of their studies (which means they gad several years go prepare) then sufficient time was indeed available. (K-OJOG-330/2004.)
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We were asked to help on several occasions by students whose disabilities made their higher education studies difficult.
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A student came to our office whose problems with writing and learning have on several occasions obstructed him in obtaining the foreign language examination certificate necessary to acquire his diploma. We informed him that in accordance with Subsection bb) of Point b) of Article 10 of Decree No. 29/2002 (V. 17) OM of the Ministry of Education, students with dyslexia or dysgraphia, if due to their disability are unable to meet the written requirements of state-recognised Type "C" foreign language examinations, can be granted partial exemption from taking Type "B" (written) foreign language examinations. The higher education institution regulates this in its institutional regulations. At the same time we called the petitioner's attention to the fact that the institution is entitled, but not required to provide this benefit to students. (K-OJOG-327/2004.)
A hearing impaired student requested information on the legal regulations regarding the foreign language examination requirements of college students. We informed him that in connection with his inquiry Decree No. 29/2002 (V. 17) of the Ministry of Education contains prevailing information. In accordance with Point b) of Article 8 of the Decree, severely hearing impaired (deaf) students can be granted exemption from learning foreign languages and foreign language examination requirements. Point c) of the same Decree states that students who have previously studied foreign languages, but who as a result of their disability are unable to meet the oral requirements of state-recognised Type "C" foreign language examinations can be granted exemption from taking Type "A" (oral) foreign language examinations. Regulations regarding the granting of exemptions, in accordance with the Decree of the Ministry of Education, must be regulated in the institutional regulations that provides equal opportunities to students with special needs. Based on the above, we recommended that the student inquire at his college about the regulations based on which the institution makes decisions on exemption from foreign language examinations in cases of hearing impaired students. We also drew his attention to the fact that if the higher education institution in question does not have such regulations, then he should make formal complaints with our office. (K-OJOG-720/2004.)
A student's higher education studies were obstructed by calculation disorders. Decree No. 29/2002 (V. 17) of the Ministry of Education also contains prevailing information on the higher education studies of students with dyscalculia. In accordance with Point c) of Article 10 of the Decree, in cases of particularly severe dyscalculia students may be granted exemption from calculation tasks, or in the case of such students at examinations all aids previously used by the student during his or her studies shall be (e.g. tables, calculator, configurations, mechanic and manipulative tools). At the same time such students should primarily try to obtain the expert opinion establishing special needs, in order for the institution -based on its own decision-to provide the benefits set out in the Decree. (K-OJOG-695/2004.) |
As we have indicated in a previous report, in 2001 we conducted investigations in connection with the linguistic requirements for obtaining diplomas in cases of students with special needs. What we determined at the time was that the Higher Education Act violates the provision of the Constitution that prohibits negative discrimination, when it prescribes equal linguistic requirements for college and university students who are healthy and who have sensory, speech or other disabilities. (K-OJOG-198/2001.) As a result of our investigation, the Ministry of Education began a comprehensive review of the legal situation of students with special needs.
By way of the amendment of the Higher Education Act, as of 1 January 2002 the parliament authorised the Minister of Education to determine the conditions ensuring equal opportunities required for the pursuit of studies by students with special needs, with a particular view to entrance examination requirements, the fulfilment of the professional and practical requirements of training, and the establishment of an unobstructed environment. Based on this statutory authorisation, the Minister of Education adopted Decree No. 29/2002 (V.17) of the Ministry of Education on the regulation of special language requirements for students with special needs, which entered into force on 1 September 2002 .
This decree was adopted nearly three years ago. We feel it is time to re-examine the results of this regulation. For this reason we have launched an examination into the current situation of students with special needs. During the procedure we plan to map out how the rights of those concerned are enforced in the current legal environment, whether higher education institutions fulfil the obligations set out by the statutes, and what the problems are which the current legislation is unable to handle. The examination will subject this sphere of higher education to a legal and sociological analysis. This examination is currently in progress. (K-OJOG-828/2004.)
The Higher Education Act assigns specific tasks of data protection and data handling to higher education institutions. At the same time the complaints received by our office show that universities and colleges are les than adequately informed about their obligations in the matter.
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A student came to us because the college refused his request for a copy of his grade book. Pursuant to Act LXIII of 1992 on the Protection of Personal Data and the Disclosure of Data of Public Interest, the data contained in the grade book is considered personal data which can be associated with a particular natural person, i.e. the grade book owner, and conclusions can be drawn from the data, relating to the person concerned. In accordance with the Data Protection Act, the college that uses these data is data handling, and as such must fulfil certain obligations in connection with data handling. In accordance with Paragraph (1) of Article 12 of the Data Protection Act, at the request of the person concerned the data handler shall provide information on the data handled by it, on the purpose, legal basis and duration of data handling, the name and address of the data processor and its activities in connection with data handling. The data handler is required to, in the shortest time possible, but within maximum 30 days of the receipt of the request, give the requested information clearly, in writing. In accordance with this, pursuant to the provisions of the Data Protection Act, the complainant is entitled to request information contained in the grade book handled by the college, and the institution must comply within 30 days of the receipt of the request. (K-OJOG-605/2004.) |
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