Legal system - Estonia

Legal System

The fundamental principles of provision of education in the Estonian Republic are established in the Constitution of the Republic, the Child Protection Act and the Education Act.

According to the Constitution of the Republic of Estonia, everyone has the right to education. The main purpose of education is to establish favourable conditions for the development of personality, family, the Estonian and minority nations, also the development of economic, political and cultural life in Estonia and protection of the environment in the context of the world economy and world culture. It is equally important to educate people to respect and follow the law and create possibilities for continuous learning for everybody.

In order to make education accessible, the state and local governments must maintain the requisite number of educational institutions.

Education for children with special needs is guaranteed by several juridical acts. The Constitution refers to the right to education and the accessibility of education. The Education Act and the Basic Schools and Upper Secondary Schools Act state that every child has an equal right to study at a local school, or, if suitable conditions are not found and the parents agree, to study at a special school. Parents have the final decision in making educational choices for their children.

In 1989, the UN congress on education and integration of people with special needs into the education system and society took place in Tallinn. The UN Tallinn Paper compiles recommendations on democratisation of the education system, removal of labelling terminology and inclusion of students with special needs. 

By the regulation of the Government of the Republic, conditions have been established enabling students with special needs to study at vocational school. In 1995, the Disability Policy of the Republic of Estonia was adopted based on UN Standard Rules.  

General Objectives

General objectives for the education of students with special needs are not different from the general objectives of the according education and do not depend on whether it is conducted within mainstream education or in special groups (schools, classes).

According to the disability policy of the Estonian Republic, the right of people with special needs, to pre-primary, basic, secondary and higher education must be guaranteed according to the principle of equal opportunity. People with special needs have the right to inclusive education, and this right must be guaranteed by the state. Instruction in a mainstream school presumes the existence of translation and other support services and equipment. These services must meet the needs of people with all types of impairments. Since the citizens of Estonia are obligated to attend school, education must be guaranteed to all, also including children with the most severe impairments. Extra attention must be paid to pre-primary education and the preparation of school for children with special needs, as well as to in-service training and the re-training of adults with special needs.

When teaching children with special needs, the state is obliged to:

- have a clear education policy that is understood and accepted by the schools and society;

- permit amendments, supplements and adaptations of the curricula, depending on the special needs of a pupil;

- ensure the quality of study materials, in-service teacher training, and the existence of support teachers.

In evaluating students with special needs, a differentiated evaluation is applied that makes it possible to evaluate knowledge and skills according to the individual characteristics of a student. Students with special needs study in smaller classes, they have the right to the adaptation of  the physical environment according to their needs.