CHARGES AND FEES PAYABLE BY THE STUDENTS AND THE AVAILABLE FORMS OF SUPPORT

We informed new mothers receiving childcare benefits that the Government shall only provide state budget funds for trainings undertaken in non-state maintained institutions, if there is an applicable agreement to that effect. [K-OJOG-20/2006, K- OJOG-73/2006, K-OJOG-87/2006, K-OJOG-224/2006, K-OJOG-182/2006.]

We informed the petitioner on the exemption of new mothers from tuition fee payment. It is curious, however, that in this case, it is husband who is the beneficiary of the childcare benefit, but this preferential treatment option can only be used by those who are recipients of the benefits/support. Therefore, it is the husband who could be exempted, not the complainant new mother. (OKM-O-OJBT-98/2006.)

We informed one of our petitioners on the details of a program designed to facilitate the tertiary education of disadvantaged young people. We informed the petitioner on the provisions related to the admissions procedure of Government Decree No. 269/2000 (XII. 26.). K-OJOG-174/2006., OKM-O-OJBT-75/2006.)

We informed one of our petitioners on the details of a program designed to facilitate the tertiary education of disadvantaged young people. We informed the petitioner on the provisions related to the admissions procedure, and those related to the various forms of support available [student loan, welfare aid, housing aid, Bursa Hungarica, Esélyt a Tanulásra Közalapítvány (Chance for Studying Public Foundation), interim aid] of Government Decree No. 269/2000 (XII. 26.). OKM-O-OJBT-94/2006., OKM-O-OJBT-99/2006.)

A petitioner contacted us with the question, as to whether or not there were any statutes that require institutions of higher education to provide State-financed Training Programmes in every major. We informed the petitioner that pursuant to the provisions of Article 53 of Act CXXXIX of 2005 on Higher Education we established that there are no statutes that require institutions of higher education to provide any majors in any format whatsoever. That is because these rights belong to the sphere of autonomy of higher education institutions. (K-OJOGB-393/2006.)

If someone's status is changed to fee-paying, the he or she can request that the institution remit, moderate the tuition fee or allow for the payment thereof in instalments. The institution, however, is not obligated to provide these for the student. Information on the details of these proceedings should be requested from the institution, or students can also try to find out whether there is any related information in the institution's regulations on student's allowances and payment obligations. (K-OJOGB-252/2006.)

A petitioner contacted us with a complaint concerning the amount of tuition fee payable to the institution and the disproportionate nature of the services provided by the institution in exchange.

Pursuant to Paragraph (1), Article 19 of Government Decree No. 51/2002 (III. 26.) on the Fees and Contributions Payable by University and College Students and the Forms of Support Available to Them, students enrolled in non-State-financed Training Programme shall be required to pay a tuition fee. The amount of the tuition fee shall be determined in the Rules of Organization and Operation of the higher education institution, which document shall also provide for any eventual institutional support provided in the course of the training, exemption from the obligation to pay tuition and other fees and contributions payable by the student. The amount of the tuition fee shall be determined for the individual student for the period of one academic year, and one academic year translates into ten months of teaching.

The institution of higher education concludes an agreement with students enrolled for the first semester during registration for the semester. The agreement must specify the amount of tuition, and other contributions payable by the student in the first academic year, as well as the payment conditions related thereto. The institution shall safeguard the agreement for a period of ten years. In the second and further years of tertiary studies, the amount of the tuition fee determined in the previous academic year may only be increased by the consumer price index published by the Hungarian Central Statistical Office for the previous year. The amount of the prevailing tuition fee must be published until May 31 of the preceding academic year in the institution.

The Government Decree allows institutions of higher education to determine their own respective tuition fees. Students accept that amount-after being properly informed thereon-by signing the agreement on the detailed rules of tuition fee payment upon their registration. The amount of the tuition fee can only be increased in the amount specified by the relevant statute-as described above. The proceedings conducted by the institution complied with these requirements, therefore it can be established that the law was not violated in this case. (K-OJOG-41/2006.)

A petitioner gave erroneous banking information to the institution of higher education, as a result of which he failed to receive the benefits he legally had a right to. First, we advised him to request that his banking information be corrected as soon as possible. Our position is that pursuant to the relevant provisions of Government Decree No. 51/2002 (III. 26.) on the Fees and Contributions Payable by University and College Students and the Forms of Support Available to Them, he was still entitled to the benefits, but that he shall be liable for the damages he suffered as a result of the erroneous registration of his banking data, as this error occurred due to his fault. (K-OJOG-176/2006.)

Responding to a student's question concerning the tuition fee, we informed him that pursuant to Paragraphs (1)-(3), Article 126 of Act CXXXIX of 2005 on Higher Education, the order of the determination and modification of the tuition fee and other contributions shall be set out in the Contributions and Allowances Regulation. Based on the Contributions and Allowances Regulation, the student and the institution of higher education record the amount of the tuition fee and that of the contributions in an agreement. The amount of the tuition fee shall be established by the institution of higher education-having regard to all of the relevant expenses-with the reservation that it may not be less than fifty percent of the ratio per student of the current expenses calculated for the professional task at hand. The proportional part--set out in the Rules of Organization and Operation-of the amount of the tuition fee already paid shall be paid back to the student, if he or she notifies the institution on his or her intention to terminate or suspend his or her student status before the current training period begins. The rules based on which the Dean can decide on benefits that be granted to students enrolled in fee-paying training on the basis of their academic performance, as well as the authorization for instalment payment shall be set out in the Rules of Operation and Organization. We also informed the student that it would be useful, if he looked through the Contributions and Allowance Regulations of the institution. (K-OJOGB-297/2006.)

A student contacted us with a question about the financing of her tertiary educational studies. We informed her that considering that currently she is attending a fee-paying training at a college, therefore she can only become state-financed if she transferred to another institution. If an institution of higher education accepts her request and transfers her to a state-financed place (which it is by no means required to do), then she will have the right to use that funding for the duration specified in the relevant statute. Pursuant to Point e), Paragraph (1), Article 3 of Government Decree No. 175/2006 (VIII. 14.) on the Allowances of Students of Higher Education, students shall qualify as being state-financed, if they were admitted to State-financed Training Programme, and students who were authorized to transfer from the fee-paying training of another department, pursuant to the institution's decision, to an already existing state-financed place available at the institution, for the remaining part of the training term of the student whose student status has been terminated. (K-OJOGB-31/2006.)

Changing majors shall be defined as the student's registration, after the first registration has already taken place, for another major, major pair, or institution, as a result of participating in a new admissions procedure. In such a case, the new major registered by changing majors, and/or institutions may remain state-financed for the training term of the new major, laid down in the qualification requirements of the new major, less the State-financed Training Programme terms already spent in the course of the previous undergraduate studies of the student. (K-OJOG-20/2006, K-OJOG-101/2006, K-OJOG-122/2006)

A petitioner contacted saying that she is enrolled in state-financed tertiary education with two majors. Considering that she did not start these two trainings in the same academic year, we examined the scenarios, which would qualify someone as a state-financed student partly on the basis of Government Decree No. 175/2006 (VIII. 14.) on the Allowances of Students of Higher Education, and partly based on Act CXXXIX of 2005 on Higher Education. We have concluded that the petitioner was allowed to continue the earlier major in line with the previous rules, while she will have twelve semesters to complete the major she took up in the 2006/2007 academic year, regardless of when she completes the other training. (K-OJOGB-310/2006.)

A petitioner contacted us by expressing his desire to complete his tertiary studies in State-financed Training Programme with two different majors. He inquired about whether it was true that State-financed Training Programme is available for twelve semesters. We informed him that Paragraph (2), Article 55 of Act CXXXIX of 2005 on Higher Education distinctly states that one person may engage in state-financed tertiary educational studies for a period of twelve semesters. Pursuant to Paragraph (3), if the student has already used up the available financed training term-in accordance with the provisions of Paragraph (2)-then he or she can only continue his or her studies in fee-paying training. Point a), Paragraph (3), Article 56 of the act provides for the following with regard to parallel training: When the financed training term is calculated, it shall be registered as one semester, if the student-having regard to the student's additional, parallel student status, if it was established until the third semester of the student's first State-financed Training Programme-has established student status with multiple institutions of higher education simultaneously. (K-OJOGB-500/2006.)