Legal system - Slovenia

Legal System 

The majority of basic and upper secondary school pupils attend public schools (99%), which are set up and funded entirely by the state and municipalities. Private schools, which are set up by private entities and provide education according to state-approved programmes, are subsidised by the state (the grant rate is approximately 85%). In the school year 2008/09, there were 849 compulsory schools of which three were private (two Waldorf schools, one Catholic). There were 136 public and 6 private upper secondary schools for youths. 

Administration responsibilities are distributed among the national authorities, local authorities, and schools. At the beginning of 2005, the former Ministry of Education, Science and Sport was abolished and two new ministries were founded: the Ministry of Education and Sport and the Ministry of Higher Education, Science and Technology. The Ministry of Education and Sport is responsible for the development of pre-higher education policies; inspection procedures; the allocation of funds; the implementation of laws and administrative decisions relating to pre-primary, compulsory and upper secondary education institutions. The Ministry of Higher Education, Science and Technology is responsible for the field of higher education, research, technology, metrology, development and promotion of the information society. 

Most of the responsibilities for higher vocational education (short tertiary education) fall within the authority of the Ministry of Education and Sport, while some remain within the higher education sector. Local authorities (občinski sveti) are responsible for setting up pre-school institutions and basic schools; they take part in their administration and co-finance their operation and the salaries of employees. School councils (sveti šol) composed of representatives of the founder, employees, and parents, are the central governing bodies with considerable responsibilities regarding management, finances, and the teaching process. 

School inspection is the responsibility of the National Inspectorate for Education and Sport (Inšpektorat Republike Slovenije za šolstvo in šport), which falls under the authority of the Ministry of Education and Sport. Evaluation in pre-higher education includes traditional approaches, external evaluation of students and expert support for self-evaluation and national and international research.

The quality assurance system in higher education includes accreditation and internal and external evaluation of institutions and programmes. Accreditation and external evaluation (the responsibilities of the Council for Higher Education) are supported by internal evaluation, which is at the discretion of higher education institutions and their quality assessment commissions.

Pre-primary education is part of the education system as a separate level. Pre-primary provision includes unitary centre-based child care and education which is mainly public. Pre-school institutions (vrtci) are set up by municipalities. Attendance is optional. Children can attend pre-school institutions from the age of 11 months until they enter compulsory education at the age of 6 (that is from 5 years and 8 months to 6 years and 8 months). 

The fundamental objectives and principles in the education of children with SEN in the acts listed are underpinned by the following principles and objectives contained in the Guidance of Children with Special Needs Act:

- the principle of equal opportunities whilst taking into account the diversity of children;

- maintenance of balance between different aspects of the child’s physical and mental development;

- integration of parents in the education process;

- to provide for appropriate conditions for the optimum development of each individual child;

- guidance to the most suitable education programme at the right time;

- organisation of education at the location closest to the home of the child;

- consistency and complexity of education;

- individualised approach;

- continuation of education programmes and 

- inter-disciplinary approach.

The education of children with special needs is regulated by The Placement of Children with Special Needs Act (2000, spremenbe 2006, 2007). The Act defines procedures for placement of children with special needs in all types of education from pre-school to upper secondary education. 

In addition to this Act, education of children with special needs is also regulated by:

• Organisation and Financing of Education Act, 

• Pre-school Institutions Act, 

• Elementary School Act, 

• Vocational and Technical Education Act, 

• Gimnazije Act, 

• Order on Norms and Standards for Education of Children with Special Needs.

The 1996 Pre-school Institutions Act, Elementary School Act, Vocational and Technical Education Act, and Gimnazije Act partially regulate the education of those children with special needs who are integrated into regular forms of education. The basic act, which determines the placement of children with special needs in appropriate forms of education, was adopted in the year 2000, amendments in 2007. The Placement of Children with Special Needs Act regulates procedures for the placement of children with special needs into the appropriate izobraževalni programi (educational programmes). Depending on the children's psychological and physical status, the Act enables their integrated education at all levels, from pre-school to secondary education, based on the assumption that additional help from experts and adaptation of the implementation of programmes will help children to achieve a comparable standard of knowledge. Children with severe disorders still have the opportunity to attend special forms of education in schools for children with special needs, and institutions for education and training of children with severe developmental difficulties.

Apart from the primary legislative Acts secondary regulations, which govern the field of education at the operative level and are published by the Minister, are also of significant importance. The most important are as follows:

- Regulations for the organisation and work of the commissions – These regulations lay down the criteria for the assessment of professional deficiencies, barriers and or disorders, as well as the Children with SEN guidance commissions' operation;

- Regulations on additional professional and physical assistance for SEN children and youths – These regulations lay down the scope, form and requirements for the provision of additional professional assistance.

Both documents apply for the population of preschool children, pupils and students with special needs.

• Regulations on basic school education of pupils with SEN provided at home location – laying down the requirements for education at home and the criteria for funding thereof;

• Regulations on the norms and standards for the provision of education programmes for children with special needs;

• Regulations on the implementation of the matura examinations for SEN candidates.