 Miločer, July 5, 2012

 The Law on Higher Education was adopted by the Parliament in October 21, 2003  This Law regulates the bases of higher education, conditions for doing the activity, types of study programmes, principles of organization of institutions performing the activity, as well as other issues important for higher education activities.

According to this law, higher education is an activity of public interest which provides for obtaining a degree of:  applied undergraduate studies  academic undergraduate studies  applied specialist studies  academic specialist studies  applied master studies  academic master studies and  academic title of a Ph.D.

 Higher education may be provided by the universities and higher education institutions, which are licensed and accredited in accordance with this Law.  Law prescribes responsibilities of authorities in performing of higher education (Government, Ministry, Council for Higher Education)

Responsibilities of the Ministry:  preparation and proposing of higher education development strategy;  issuing of licence to an institution, changing and revoking of it;  proposing of enrollment policy at public institutions;  determination of the proposal of norms for higher education funding;  encouraging mobility of students and academic staff within the European Higher Education Area and at international level;  administrative control, in accordance with the Law.

Government has appointed Council for Higher Education for improving higher education area. Council has the following responsibilities:  gives opinion on the proposal of development strategy of higher education;  offers opinion in the procedure of determining norms for issuance, changes and divesting of a license;  offers opinion on criteria for election in academic titles;  offers opinion in the procedure for determining norms for higher education financing;  determines criteria for assessment of study programmes taking into account their compatibility with the professional needs and international comparability;  undertakes periodical controls of quality of licensed institutions and issue a certificate on reaccreditation;  performs other activities prescribed by this Law and enactment on establishment of a Council.

Composition of the Council  The Council is composed of 13 members, including the President.  The Council is appointed by the Government for a period of four years.  Council members are appointed from among eminent experts in the area of higher education, science, technology and arts and from the area of economy, social activities and other relevant areas and among students.

 Reaccreditation of an institution, or a study programme can be performed also by a foreign accreditation organization authorized to determine validity and quality of study programmes and harmonization with the professional needs of the country.  Decision on engagement of a foreign accreditation organization is made by the Ministry. Self-evaluation and quality assessment  An institution performs self-evaluation procedure, i.e. evaluation and assessment of the quality of its courses of study and work conditions.  Self-evaluation is performed continuously External quality assessmentt  The Council for each program performs assessment of curricula quality during a maximum five-year period, by appointing expert bodies for particular curricula.  International experts, from the list of experts may be included in expert bodies.

 An institution performs self-evaluation procedure and assessment of the quality of its courses of study and work conditions.  Self-evaluation is performed continuously (methods are determined depending on curricula, teaching equipment, qualification of academic staff, teaching method, percentage of students who pass exams, percentage of graduates and other necessary indicators of the successful work of the institution).

Autonomy of HEIs In performing activities HEIs:  have property rights in accordance with this law  employ academic and other staff  define its internal organization, in accordance with this law and statute  found special profit making organizational forms for educational and research purposes  conclude contracts with other institutions in Montenegro  conclude contracts also with institutions at international level  have other authorities needed for performing its activities successfully.

 Law prescribes academic freedom and protection of academic staff from discrimination on any grounds and freedom of research.  The purpose of the university is to pursue knowledge through teaching, learning and research in an atmosphere of physical and intellectual freedom. Accreditation Procedure  The Council performs accreditation and reaccreditation and issue a certificate.  Accreditation and reaccreditation are performed in compliance with the standards and according to the procedure prescribed by the Ministry, on the proposal of the Council.

 Reaccreditation is based on the report of the quality assessment of an institution and study programme.  If an institution does not obtain reaccreditation, its accreditation shall be valid for a maximum of one-year period, without the possibility to admit students in that year.  If, after the expiration of the notice no reaccreditation is obtained, the license is revoked.  Revocation of a license is final.

Definition of university  an autonomous institution that in performing its activities combines the educational, scientific-research and artistic work, as the components of the unique process of higher education.  An institution can use the term « university » in its name, under the condition it provides as a minimum five different study programmes at undergraduate studies, of which at least one study programme must have undergraduate, postgraduate and doctoral studies.

Other manners of studies organization  In organizing studies a public university has the right to provide a study program of double or joint degree.  HEIs can organize studies in cooperation with a domestic or a foreign institution or international organization.

Foundation of private HEIs  A private institution can be founded by a domestic and foreign physical or legal person. Financial guarantees a guarantee of the founder on its financial standing for a minimum three-year period.

Authorities of HEIs Governing body of the University The authority, number, composition, duration of mandate, way of appointment and dismissal, as well as the way of work and decision making of the Governing Board shall be more closely determined by the Statute of the University. Managing body of the University  The Rector is the managing body of the university whose founder is the Government (responsible for efficient and high quality work and regularity at the University) Professional body of the University (Senate)

FUNDING  (state Budget for teaching )  tuition fees (self financed students) and other fees paid by the students  intellectual and other services  donations, presents and legacies  projects and contracts with national, international, state and private entities aimed at promoting teaching, research and consulting activities.

Determining the number of students the Government determines the number of students whose tuition fee shall be financed by the Budget, for a particular course of studies, in accordance with the maximum number prescribed in the valid license of a public institution) Decision on the number of students to be financed from the Budget of Montenegro for the study programmes shall be made by the Government on the proposal of the public institution. Audit  Independent internal and external financial control is provided for the operations of public institution.  The statute of a public institution regulates the way in which internal financial control is performed.

Independent audit  Government may appoint an independent auditor to examine financial standing of any public higher education institution.  Management body of a public institution is obliged to ensure cooperation when financial control. Funding of a private institution  The Government, with the opinion of the Council determines the number of students and the amount of funds for financing of students at study programmes of public interest at private institutions for every academic year.  The amount of funds is determined based on the norms and standards for financing of study programmes of public interest at private institutions, adopted by the Government.” 

Admission into a Study Programme  Students are admitted at a competitive basis, all in compliance with the results obtained during secondary school education, at the professional or matriculation exam and the results obtained at the additional or admission exam.  Additional or admission exam can be introduced for admission into particular study programmes, in compliance with the instituion statute.  The matriculation, or professional exam is valued with at least 15% of the total number of points obtained at admission.  The manner and procedure of enrolement into the first year of studies shall be regulated by the act of the institution.

Admission of Foreign Citizens  Foreign citizens have the right to be admitted into the study programmes in Montenegro under the same conditions as Montenegrin citizens who pay the tuition fees in compliance with this law and the institution statute  A foreign citizen who has been granted temporary stay or permanent residence in Montenegro shall also have the same right

Students’ rights and duties (agreement on studying)  Students make an agreement with a public institution on studying, which regulates more closely reciprocal rights and duties.  The Ministry prescribes the content of agreement  The rights of students, students’ obligations, cessation of the status of a student Financial Support of the Government  The Government can provide adequate financial support to students for payment of tuition and other fees at undergraduate, postgraduate and doctoral studies, if this is in the public interest.“

Student standard  A student has the right to:  accommodation and food in a students’dormitory,  students' loan,  scholarships for talented students,  participation in local and inter-city public transportation expenses for students,  professional training, and  health care  The Ministry prescribes the criteria, conditions, fee and manner in which these rights are fulfilled.

Students’ organizations  Statute of the institution ensures establishment of one or more institutions, which represent students and contribute to meeting social, cultural and academic needs and the need for physical recreation of students. Students’ parliament  Students parliament is an institutionalized form of students' organizing,  It is autonomous in its work and authorized to represent and protect the rights and interests of students. Financial contribution to students’ organizations  Public institutions gives financial contribution to establishment of students' organizations, including investment and current expenditures for buildings and equipment.

 process of re-accreditation of institutions or programs have to be considered criticaly in order to determine all elements needed for the program re-accreditation. The current process has too many prescribed criteria assessment that are irrelevant, and the lack of indicators used to monitor the effective and transparent way of QA  In the second re-accreditation of institutions and programs indicators that identify criteria and quantifiers with the prescribed minimum limit and the necessary fulfillment have to be defined  to determine procedures for closing the program with a defined and prescribed quantifiers and limit values.

 In perspective areas rules for carrying out programs of lifelong learning and distance learning should be established in order to reduce the costs of studying.  Council is recommended by Commission to set a deadline by which the higher education institutions will be prepared to be accredited by agencies that are at EQAR list.  diplomas issued by institutions accredited by EQAR agency will be equally recognized in the European area.

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