MATTERS RELATING TO STUDIES AND EXAMINATIONS
It can be stated in connection with the fulfilment of academic requirements that the primarily the provisions of the Higher Education Act are applicable to both institutions of higher education and students. However, in certain cases the government decrees on the qualification requirements of certain departments are extremely important as well. In addition to these, the internal regulations of the institutions also prove useful when managing certain cases.
This year more ethnic Hungarian foreign nationals contacted our Office and inquired about how they could enrol in higher education in Hungary. The question is especially topical, since Romanian acceded to the European Union on January 1, 2007. Therefore, when we informed the students about available scholarship opportunities we called their attention to the fact that Romania's accession to the EU changes certain aspects of studying in Hungary.
A petitioner inquired about whether it was possible for him to enrol into state-financed tertiary training in Hungary despite the fact that he is not a Hungarian national, and about the different forms of state support available. We informed him that Hungarians living outside the borders of Hungary have the right the enrol into state-financed higher education pursuant to the provisions of Act LXII of 2001 on Hungarians living in the neighbouring countries (Benefit Act). Students enrolled in non-State-financed Training Programme may apply for the reimbursement of their expenses related to their stay in Hungary or their studies partially or fully, as per the provisions of a separate statute. The scholarships available to Hungarians living outside the borders of Hungary are determined by the Minister of Education and Culture. Pursuant to a bilateral agreement, or law the Minister of Education and Culture may award a ministerial scholarship to a non-Hungarian national student enrolled in an officially accredited higher education institution, and the Minister may award non-Hungarian nationals enrolled in fee paying training in Hungary scholarships for every academic year. We also called the petitioner's attention to the fact that the provisions of Government Decree No. 175/2006 (VIII. 14.) on the Allowances of students of higher education on this matter have not been set out yet. (K-OJOGB-408/2006.)
Another petitioner contacted us with the question as to whether students enrolled in higher educational institutions in Hungary will be automatically transferred to State-financed Training Programme with the January 1, 2007 accession of Romania to the European Union. We informed the petitioner that the right set out by the Higher Education Act he is referring to only entails the opportunity to take an entrance exam and not automatic transfer to State-financed Training Programme. Transferring to another form of training from an already started one is only allowed in select cases. (K-OJOGB-413/2006.) |
A considerable portion of complaints was concerned with questions about foreign language examinations. The existence or non-existence of foreign language examination certificates is tied into the fabric of academic affairs in many different ways. It is crucial for the entrance examination, but it is also very important in terms of the student's studies undertaken later on. The lack of appropriate information seems to cause most of the problems. We received a number of complaints about the fact that students were faced with different foreign language examination certificate related requirements when they finished their studies as compared to the ones that were in effect when they started them. In addition to the problem of distorted flow of information, a lack of up-to-date information on the effective, and often amended, laws seems to be another problem.
Considering that today most of the departments require that students have at least one foreign language examination certificate, therefore having up-to-date information on foreign language examination certificate related requirements is not only important from the point of view of exemptions. We informed petitioners on many occasions that the separate statutes on the qualification requirements of undergraduate trainings should be applied in accordance with Government Decree No. 77/2002 (IV. 13.) on the Amendment of the Qualification Requirements of Undergraduate Trainings in line with the Credit System. In manner that ensures that if the foreign language requirements set out in the unique qualification requirements of the relevant division are more favourable for the student than the relevant provisions of the above-cited act, then the more favourable provisions should be applied. In the majority of the cases, we are able to establish a deficiency in the information provided to the petitioner, or a complete lack thereof, but we also had to inform the complainants that the institutions couldn't void the requirement of obtaining a foreign language examination certificate, if it is required by one of the acts cited above.
A student body president of an institution of higher education contacted us with a question relating to the foreign language requirements of students who have started their studies before September 1, 2006 at the department of international studies.
Point b) 5.3.1. of Government Decree No. 124/1999 (VIII. 6.) on the Qualification Requirements of the University Level International Studies specifies the following as conditions of the Final Examination: Advanced level type C, officially recognized foreign language examination certificate in English and another language, of which at least one has to be augmented with specialized technical terminology (international relations specialization), or a general advanced level, type C, officially recognized foreign language examination certificate and two additional foreign language examination certificates augmented with specialized technical terminology (international relations specialization) out of which one must be English.
Annex 16 to Government Decree No. 77/2002 (IV. 13.) on the Amendment of the Qualification Requirements of Undergraduate Trainings in line with the Credit System lists international studies in the Economics division specifically citing Government Decree No. 124/1999 (VIII. 6.). Pursuant to Point 9.2. of Annex 7 on the Economics Division, the foreign language requirements are the following: in majors undertaken at university level: intermediate level, type C, specialized foreign language examination certificated in at least two live foreign languages, or foreign language examination certificates equivalent thereto, one of which can be a general type C officially recognized advanced level foreign language examination certificate.
Pursuant to Paragraph (3), Article 1 of Government Decree No. 77/2002 (IV. 13.) the separate statutes on the qualification requirements of undergraduate trainings shall be applied in accordance with this Decree-unless they contain provisions to the contrary effect. Where the foreign language requirements set out by Point 9 of the unique qualification requirements of the Division are more favourable for the student than the provisions of the statutes containing the qualification requirements of the undergraduate trainings listed under Annex 16 relevant to foreign language requirements, then the more favourable ones should be applied. Therefore, the foreign language requirements mentioned in the second act shall be applicable to the international studies major as well.
The entry into force of Act CXXXIX of 2005 on Higher Education repealed previous qualification requirements. Paragraph (2), Article 158 thereof, however, states that students who have commenced their studies in higher education before September 1, 2006 shall have the right to finish their studies based on the curricular requirements adopted by higher education institutions and in accordance with the previous qualification requirements, and pursuant to the provisions of the Higher Education Act of 1993 they shall receive either a university, or college level undergraduate degree. Accordingly, the old requirements-cited above-shall be applicable to students in higher years. The fact that the in the case of trainings launched in accordance with the provisions of the new act, the undergraduate training in international studies belongs in the social sciences division does not change anything either.
Based on the above students must comply with the requirements set out in Annex 7 to Government Decree No. 77/2002 (IV. 13.) . (K-OJOGB-180/2006.) |
The issue of foreign language examination certificates concerns students with disabilities as well. We can only provide information pursuant to Decree No. 29/2002 (V. 17.) of the Minister of Education on the Conditions Ensuring the Equal Opportunities of Students with Disabilities Necessary for their Continued Studies until September 10, 2006. The rules set out in the Decree were integrated into Articles 18-20 of Government Decree No. 79/2006 (IV. 5.).
The petitioner inquired about the relevant legal regulations on the foreign language requirements of a college student with language acquisition skills impairment.
We informed the petitioner that provisions governing the higher educational studies of students with such disabilities are set out by Decree No. 29/2002 (V. 17.) OM of the Minister of Education on the Conditions Ensuring the Equal Opportunities of Students with Disabilities Necessary for their Continued Studies. Pursuant to Point b), Article 10 of the Ministry of Education Decree, 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 the type "B" (written) foreign language examination. Regulations regarding the granting of exemptions, in accordance with the Decree of the Ministry of Education, must be regulated in the institutional regulations that provide equal opportunities to students with special needs.
Based on the above, we recommended that the petitioner inquire at his college about the regulations based on which the institution makes decisions on exemption from the foreign language examination of hearing impaired students.
We also informed him that the annexes to the decree set out the conditions of establishing disability. Pursuant to this issuing of an expert opinion establishing a disability, the extent thereof, its permanent or temporary nature shall be responsibility of National Speech Screening Expert and Rehabilitation Committee competent as per the type of disability in question, or the territorially competent Learning Ability Screening Expert and Rehabilitation Committee, if the applicant's disability has already been established in the course of his or her studies in public education, and she/has been granted certain exemptions from the requirements of academic or school-leaving examinations. If the disability was acquired at a later date, the disability shall be established in the case of speech impaired or other disabilities by a forensic expert. (K-OJOG-2/2006.) |
The academic and examination regulations of institutions of higher education set out the rules of application for final examination, the method of organizing and conducting the final examination, the way in which results are calculated and the grade given for the degree.
The petitioner inquired about the timeframe that is allowed to elapse between obtaining the final certificate and taking the final examination. We informed the petitioner that pursuant to Paragraph (4), Article 60 of Act CXXXIX of 2005 on Higher Education application to a final examination is conditional on obtaining a final certificate. A final certificate shall only be issued to a student who has satisfied all the academic and examination requirements and field practice set out in the curriculum-with the exception of foreign language examinations, the degree thesis, the degree project-and has obtained all the necessary credits. The final examination may be obtained within the framework of student status in the examination period following the obtaining of the final certificate, and later after the student status has been terminated, without time constraints in any given examination period, in accordance the prevailing training requirements. The academic and examination regulations may list additional requirements after the seventh year has lapsed from the time of obtaining the final certificate. This provision shall enter into force on March 1, 2006.
Therefore, pursuant to the above, the higher education act gives students the opportunity to take the final examination, but after seven years, the institution of higher education may list additional requirements. (K-OJOG-75/2006.)
The grade given for the degree is determined by the method of calculation set out by the local regulations of the institution. (K-OJOGB-196/2006.) |
The higher education act lists the possibility of requesting to be transferred to another institution of higher education among the rights of students. The most important part of this transfer is having the courses of the student recognized in the receiving institution. We called the attention of students to the fact that in this regard the internal regulations of the institution prevails in terms of the method and rules of the transfer, therefore smooth transition from institution to the next is greatly facilitated if they read these regulations thoroughly.
The petitioner requested information about whether there were any time constraints on, or separate rules applicable to having his courses recognized.
According to Point b), Paragraph (1), Article 40 of Act CXXXIX of 2005 on Higher Education, the student has the right to request being transferred to another higher education institution, and the conditions of such transfer shall be set out by the receiving institution. Paragraph (1), Article 58 of the Higher Education Act states with regard to completed courses that the fulfilment of academic requirements in the course of higher educational studies shall be expressed in terms of education points (hereinafter referred to as credits) linked to the given courses . The student's progress in the given training shall be expressed in terms of the amount of obtained credits. Credit can only be given for the acquisition of a particular material once. Academic performance recognized with a credit shall be recognized in studies performed in any institution of higher education-if the prerequisites thereof have also been satisfied-regardless of which institution of higher education, and what level of training they were obtained in. Recognition-subject program based-shall be based on comparing the material used to establish the credits. The credit must be recognized if at least seventy-five percent of the compared material is the same. The comparison of the material is performed by a specialized committee of the higher educational institution, the credit transfer committee, set up especially for this purpose. According to the act, the issues related to the implementation of credit transfers shall be regulated in the academic and examination regulations.
Pursuant to Paragraph (1), Article 2 of Government Decree No. 200/2000 (XI. 29.) on the Single Registration of Institutional Credit Systems and the introduction of the higher educational point system (credit system), substitutable subjects completed in another institution (faculty) shall be recognized with as many credits as were allocated to the substituted subject(s) in the curriculum of the given department, but the grade obtained may not be changed in the course of the recognition of the subjects. The decision of the credit transfer committee shall be appealed with an appeal addressed to the Dean.
Based on these provisions, it can be established that the act on higher education does not set out any time constraint on the transfer of credits, meaning that credits in and of themselves shall not have time limitations. At the same time the detailed rules of credit transfers, set out in the internal regulations of the institutions of higher education, may set out deadlines for the students concerned. (K-OJOG-181/2006.) |
The cases in which student status is terminated are regulated by Article 76 of the Higher Education Act. It is a particularly pressing matter from the point of view of the student, if the student's status has been terminated by a unilateral statement on the part of the higher education institution.
In of our cases we provided information on the expulsion of a student. Pursuant to Point a), Paragraph (2), Article 76 of Act CXXXIX of 2005 on Higher Education, the institution of higher education may terminate the student status of a student, who has failed to satisfy the requirements related to his or her academic progress set out in the curriculum and the academic and examination regulations. (K-OJOGB-477/2006.) |
We provided information on students' rights to legal remedies on numerous occasions. In the course of describing the proceedings of our Office, we often called petitioners' attention to the fact that the Office of the Commissioner for Educational Rights can only act in their case, if they have already exhausted every available legal remedy. This means that they should contact the head of the institution requesting a legal remedy described in Article 73 of the Higher Education Act. The institution shall judge the request in line with the rules of procedure described in the local regulations. Our proceedings can only be launched if the request was rejected, or on substantial reply was given.
The petitioner's request in equity to enrol for the given semester was rejected by the Dean. We informed the petitioner on his right to legal remedies and the legal remedy proceedings, having special regard to the burden of proof. Since the petitioner was unable to satisfy his obligation to provide proof, we established that the Dean rejected his request lawfully. (OKM-O-OJBT-36/2006.) |
The question of the repeat examination concerns both examination affairs and financing, to be detailed in the next chapter. Many have inquired about when one was required to pay a fee for the repeat examination. We informed the petitioners on the effective provisions of the Higher Education Act and called their attention to the fact that a repeat examination is defined differently for state-financed and fee-paying trainings. We told them that in addition to the provisions of the act the institution's contributions and allowance regulations are also relevant.
A petitioner inquired about whether the first repeat examination was really free. We informed him that pursuant to Point a), Paragraph (1), Article 125 of Act CXXXIX of 2005 on Higher Education, students are allowed to retake unsuccessful reports and examinations once free of charge. Paragraph (4) of the same section states that the academic and examination regulations of the higher education institution may require that a fee be paid after the third and other multiple order repeat examinations taken in the same subject. Different regulations are applicable to fee-paying trainings. Pursuant to Paragraph (1), Article 126 of the Higher Education Act students are required to pay a fee in exchange for the above-cited service. The rules of procedure relevant to the determination and modification of the above fee and that of the contribution fee shall be set out in the institution's contributions and allowance regulations. (K-OJOGB-528/2006.) |
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