О раннем и дошкольном воспитании и образовании

 

 

Law of Georgia

on Early and Preschool Education

 

Chapter I – General Provisions

 

Article 1 – Scope of the Law

This Law governs the legal grounds for ensuring universal accessibility to, and the development and quality assurance of, early and preschool education in Georgia, and the organisational structure of early and preschool education institutions, and determines the rules for their foundation, operation and accountability, as well as the binding nature of their authorisation. This Law also defines the powers, obligations, functions and responsibilities of state bodies, municipalities and other legal and/or natural persons related to early and preschool education, as well as the principles for the financing thereof.

 

Article 2 – The legislation of Georgia in the field of early and preschool education

The legislation of Georgia in the field of early and preschool education comprises the Constitution of Georgia, the international agreements of Georgia, the Organic Law of Georgia Local Self-Government Code, this Law, and other legislative and subordinate normative acts of Georgia.

 

Article 3 – Definitions of terms

For the purposes of this Law, the terms used herein shall have the following meanings:

a) early education – services provided to a child under the age of two (early) and to his/her parent and/or legal representative, which includes: education and support for a parent and/or legal representative; services provided to childcare institutions for children under such age, healthcare, catering, hygienic and sanitary safety, early intervention and inclusive education services;

b) preschool education – education services provided to a child in order to ensure his/her comprehensive development from the age of two before the entry to the first grade of the primary level of general education; the school readiness programme constitutes a mandatory component of preschool education;

c) state standard for early and preschool education – a document which determines the results of a child’s comprehensive development that shall be achieved from birth until the commencement of the school readiness programme and the features of the quality of an educational programme;

d) school readiness programme – an educational programme developed on the basis of the state education standard for school readiness, which facilitates the achievement of results set by the standard;

e) national educational standard for school readiness – a document which determines the results of a child’s comprehensive development to be achieved before entry to the first grade of primary level general education and the features of the quality of an educational programme;

f) institution – a legal person founded under the legislation of Georgia which ensures the provision of early and/or preschool education services and/or the implementation of the school readiness programme only;

g) public institution – an institution which is founded and managed by a municipality or a non-entrepreneurial (non-commercial) legal entity established by such institution;

h) caregiver-pedagogue – a person who carries out educational and pedagogic activities in an institution; the professional standards of pedagogues shall be approved by the Government of Georgia;

i) caregiver – a person who assists a caregiver-pedagogue and carries out educational functions;

j) child – a citizen of Georgia, or a citizen of a foreign country, a person having a status of a stateless person in Georgia, from the moment of birth until entrance to the first grade of the primary level of general education as provided for by the Law of Georgia on General Education;

k) inclusive education – an educational approach within which the education system ensures quality education for every child at institutions considering their individual necessities, regardless of their physical, cognitive, sensory, social, emotional, linguistic, ethnic, racial, religious, or other particularities;

l) authorisation – the procedure for acquiring the status of an early education institution and/or a preschool education institution;

m) advisory board of a public institution ('the Advisory Board’) – a board within a public institution under this Law which facilitates the effective functioning of such institution;

n) education and support of parents and/or legal representatives – raising the awareness of the parents and/or legal representatives of children engaged in early and preschool educational programmes with regard to the significance of early and preschool education, as well as the facilitation of a child’s early and preschool education through individual or group meetings;

o) violence – the violation of a child’s rights and freedoms by means of physical, psychological, economic, or sexual influence, or by coercion, as well as by acting in a disregarding manner (by negligent treatment) either with or without direct intent.

Law of Georgia No 433 of 2 April 2025 – website, 4.4.2025

 

Article 4 – Principles of preschool education

1. Children at the public preschool education institutions of Georgia are ensured free education and catering services as provided for by the legislation of Georgia.

2. Preschool education, including the school readiness programme, is voluntary, universal and available for every child of relevant age.

3. A municipality shall implement and ensure the provision of preschool education, including the school readiness programme, to children as provided for by the legislation of Georgia (including, inter alia, this Law and the normative acts of the Government of Georgia).

 

Article 5 – Language of instruction at institutions

1. The language of instruction at institutions is Georgian, and in the Autonomous Republic of Abkhazia, Abkhazian as well.

2. Institutions shall be entitled to provide children from language minorities with appropriate programmes and resources that comply with the national education standards established by this Law, in the official language as well as in their native language, and depending on the language needs of such children.

3. Institutions shall be entitled to provide children with educational services in their native and/or non-official language and use programmes and resources which comply with the standards of national education established by this Law.

 

Article 6 – Protection of children

1. Any kind of violence against children at institutions is prohibited.

2. Institutions shall ensure that caregiver-pedagogues, caregivers and other personnel of such institutions know and use methods of non-violent treatment and care, and are informed about the results of violence against children and the forms of responsibility.

3. The training and retraining of caregiver-pedagogues, caregivers and other personnel of institutions shall include training in the necessary knowledge and skills for the protection of the best interests of children, for the impermissibility of violence against children, and for ensuring effective mechanisms for children to manage their own behaviour and for ensuring a safe and non-violent environment.

4. Institutions shall ensure the prevention of violence against children (inter alia, by providing appropriate education and information to the parents and/or legal representatives of children), and shall ensure the identification and assessment of any violence, and shall take appropriate measures to report and adequately respond to such violence in accordance with the referral procedures for the protection of children.

5. Failure to fulfil the obligation to provide relevant state authorities with information regarding violence against children and the detection thereof shall entail liability as provided for by the legislation of Georgia.

6. Institutions shall designate persons within their system to ensure the prevention of violence against children and their protection.

7. It shall be inadmissible to include in the educational and/or pedagogical curricula of an institution information, and/or to disseminate or facilitate the dissemination of information by an employee of an institution within the scope of the activities of the institution and/or in the territory of the institution, which is aimed at the popularisation of assigning a person to none of the biological sexes and/or to a sex different from his/her biological sex, or of the relations between representatives of the same biological sex on the basis of sexual orientation, or incest. For the purpose of this paragraph, the term ‘popularisation’ shall be interpreted in accordance with the Law of Georgia on the Protection of Family Values and Minors.

Law of Georgia No 4444 of 17 September 2024 – website, 3.10.2024

 

Chapter II – Powers and/or Obligations of State Authorities and Municipalities in the Field of Early and Preschool Education

 

Article 7 – Powers and/or obligations of the Government of Georgia in the field of early and preschool education

In order to ensure equal and qualified early and preschool education that is based on the principle of the protection of the best interests of children in the entire territory of the country, the Government of Georgia shall exercise the following powers and fulfil the following obligations:

a) to ensure the universal availability of early and preschool education programmes, including the school readiness programme, within the scopes of the legal regulation of the rights of children and their parents and/or legal representatives;

b) to establish the rules for the authorisation of institutions;

c) to approve state standards for early and preschool education, including the state standard for school readiness, upon the recommendation of the Ministry of Education, Science and Youth of Georgia, which shall be subject to revision and updating at least once every five years;

d) to approve professional standards for caregiver-pedagogues upon the recommendation of the Ministry of Education, Science and Youth of Georgia;

e) to approve technical regulations for the establishment of sanitary and hygienic standards at institutions upon the recommendation of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia;

f) to approve technical regulations for the establishment of catering and diet nutritional value standards at institutions upon the recommendation of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia;

g) to approve technical regulations for the arrangement of buildings and structures, infrastructure, and the logistical base of institutions upon the recommendation of the Ministry of Economy and Sustainable Development of Georgia;

h) to facilitate the infrastructural development of institutions;

i) to approve the rules for keeping a register of institutions by municipalities, as well as a list of data and indications to be included in such registers, upon the recommendation of the Ministry of Education, Science and Youth of Georgia, the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia, the Ministry of Economy and Sustainable Development of Georgia, and Ministry of Environmental Protection and Agriculture of Georgia;

j) to exercise other powers and fulfil other obligations prescribed by the legislation of Georgia.

Law of Georgia No 1639 of 7 December 2017 – website, 14.12.2017

Law of Georgia No 3104 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 366 of 16 March 2021 – website, 18.3.2021

Law of Georgia No 3852 of 30 November 2023 – website, 15.12.2023

 

Article 8 – Powers/obligations of the Ministry of Education, Science and Youth of Georgia in the field of preschool education

On the basis of the legislation of Georgia in the field of preschool education, the Constitution of Georgia, the international agreements of Georgia, this Law, and other laws and subordinate acts of Georgia, the Ministry of Education, Science and Youth of Georgia shall:

a) prepare and submit to the Government of Georgia for approval state standards for preschool education, including the state standard for school readiness, the implementation of which shall be ensured by municipalities;

b) prepare and submit to the Government of Georgia for approval the professional standards for caregiver-pedagogues;

c) prepare and approve the professional educational standards for caregivers;

d) prepare a list of educational resources and elaborate methodological resources on the basis of the principles of inclusive education, and ensure the availability of such resources for the municipalities;

e) develop a monitoring system within public institutions, and carry out such monitoring and evaluation, and prepare relevant recommendations for the purposes of implementing, developing and improving state standards for preschool education;

f) prepare training modules for the professional development of caregiver-pedagogues and support municipalities in their retraining;

g) facilitate the process of informing the public about inclusive preschool education;

h) exercise other powers and fulfil other obligations determined by the legislation of Georgia.

Law of Georgia No 3104 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 3449 of 20 September 2018 – website, 9.10.2018

Law of Georgia No 366 of 16 March 2021 – website, 18.3.2021

Law of Georgia No 3852 of 30 November 2023 – website, 15.12.2023

 

Article 9 – Powers/obligations of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia in the field of preschool education

On the basis of the legislation of Georgia in the field of preschool education, the Constitution of Georgia, the international agreements and treaties of Georgia, this Law, and other laws and subordinate acts of Georgia, the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia shall:

a) prepare and submit to the Government of Georgia for approval technical regulations for the establishment of rules for observing sanitary and hygienic standards at institutions;

b) prepare technical regulations for establishing catering and diet nutritional value standards at institutions in collaboration with the Ministry of Environmental Protection and Agriculture of Georgia, and submit them to the Government of Georgia for approval;

c) participate in the process of protecting children against violence in accordance with the referral procedures for the protection of children;

d) exercise other powers and fulfil other obligations determined by the legislation of Georgia.

Law of Georgia No 1639 of 7 December 2017 – website, 14.12.2017

Law of Georgia No 3104 of 5 July 2018 – website, 11.7.2018

 

Article 10 – Powers and/or obligations of municipalities in the field of preschool education

1. On the basis of the legislation of Georgia in the field of preschool education, the Constitution of Georgia, the international agreements and treaties of Georgia, this Law, and other laws and subordinate acts of Georgia, the municipalities shall:

a) ensure the delivery of preschool education services in compliance with state standards;

b) ensure the delivery of equally available and inclusive preschool education;

c) ensure the protection and respect of the rights of children and their parents and/or legal representatives in the process of the delivery of preschool education services;

d) ensure the involvement of parents and/or legal representatives of children in the programmes of institutions;

e) develop a system of monitoring, assessment and reporting and ensure its functioning for the purposes of establishing the compliance of preschool education services with the authorisation standards;

f) prepare annual municipal programmes and financial plans by taking into account the needs of public institutions;

g) exercise other powers and fulfil other obligations prescribed by the legislation of Georgia.

2. For the purposes of the appropriate development of children and for their school readiness, the municipalities shall ensure the establishment of a strong and sustainable preschool education system on the basis of the following principles:

a) the universal availability to appropriate preschool education which meets state standards, regardless of the physical, cognitive, sensory, social, emotional, linguistic, ethnic, racial, religious, or other particularities of a child;

b) the provision of the right of education determined by the legislation of Georgia and international legislation, as well as the provision of other rights of children and their parents and/or legal representatives;

c) the provision of appropriate conditions for the implementation of services in accordance with state standards;

d) the full accountability for and the transparency of the delivery of preschool education services;

e) effective communication with parents and/or legal representatives of children and with the public.

3. For the purposes of implementing preschool education services that meet state standards, the municipalities shall:

a) study municipal needs, plan local resources and determine budgetary funds;

b) ensure the retraining of caregiver-pedagogues in accordance with training modules for the professional development of caregiver-pedagogues developed by the Ministry of Education, Science and Youth of Georgia;

c) exercise control over the compliance with standards established for such institutions and their services;

d) prepare service instructions, and the codes of conduct and ethics for the personnel of institutions and ensure compliance with them;

e) establish qualification requirements for the directors of public institutions and exercise control over the compliance with such requirements once every five years;

f) ensure the effective functioning of the system of internal monitoring, assessment and reporting;

g) carry out the systematic monitoring of institutions in accordance with the monitoring system developed by the municipalities for the purposes of verifying the compliance of authorisation conditions with the procedures for authorisation;

h) approve the mandatory provisions of employment contracts with persons employed by institutions upon consultation with the trade union.

4. Municipalities shall exercise their powers provided for by this Law through the relevant structural units of the city halls of the municipalities and/or through non-entrepreneurial (non-commercial) legal entities established for this purpose.

Law of Georgia No 1261 of 26 July 2017 – website, 29.7.2017

Law of Georgia No 3104 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 366 of 16 March 2021 – website, 18.3.2021

Law of Georgia No 3852 of 30 November 2023 – website, 15.12.2023

Law of Georgia No 433 of 2 April 2025 – website, 4.4.2025

 

Article 11 – Powers of the Legal Entity under Public Law (LEPL) called the National Food Agency in the field of early and Preschool Education

The LEPL National Food Agency shall examine food safety at institutions under the procedures provided for by the legislation of Georgia.

 

Article 12 – Powers of the Legal Entity under Public Law (LEPL) called the National Statistics Office of Georgia in the field of early and preschool education

1. The LEPL National Statistics Office of Georgia shall publish information received from the municipalities.

2. The information referred to in paragraph 1 of this article shall include the following matters depending on each municipality:

a) the number of institutions;

b) the number of children involved in the educational programmes of institutions;

c) the number of caregiver-pedagogues and caregivers;

d) other information related to early and preschool education as requested by the LEPL National Statistics Office of Georgia.

 

Chapter III – Foundation and Authorisation of Institutions

 

Article 13 – Foundation of institutions and their organisational and legal form

1. An institution may be founded in the organisational and legal form of an entrepreneurial (commercial) or non-entrepreneurial (non-commercial) legal entity under private law.

2. A municipality and/or a non-entrepreneurial (non-commercial) legal entity may found an institution only in the organisational and legal form of a non-entrepreneurial (non-commercial) legal entity.

 

Article 14 – Authorisation of institutions

1. An institution shall pass through the authorisation process for the purposes of implementing early and preschool education services.

2. The rules for passing through the authorisation process, as well as for suspending and revoking the authorisation of an institution, shall be determined by an ordinance of the Government of Georgia.

3. The authorisation of an institution shall be carried out by an appropriate structural unit of the city hall of a municipality.

4. An appropriate agency of the municipality shall verify the compliance of the conditions of the institution with the requirements provided for by this Law and other related subordinate normative acts.

5. The authorisation of an institution shall be free of charge.

6. The body of a municipality shall keep a register of institutions, and collect and include data in the register under the procedures for keeping a register of institutions by the municipalities approved by the Government of Georgia and in accordance with the list of data and indicators to be included in the register, and shall ensure the publicity of data and submit them to the LEPL National Statistics Office of Georgia under Article 12 of this Law. The relevant structural unit of the city hall of a municipality shall be responsible for the accuracy of the submitted data.

Law of Georgia No 1261 of 26 July 2017 – website, 29.7.2017

 

Article 15 – Conditions for the authorisation of institutions

1. Legal persons applying for authorisation and/or authorised institutions shall be deemed to meet the authorisation conditions, if:

a) the learning and/or teaching process at institutions is carried out in accordance with state standards of preschool education as well as in accordance with state education standards for school readiness;

b) the buildings and structures of institutions, their infrastructure, logistical base, and the arrangement of their buildings and structures meet the relevant technical regulations approved by the Government of Georgia;

c) the sanitary and hygienic conditions of institutions meet the relevant technical regulations approved by the Government of Georgia;

d) the catering and diet nutritional values at institutions meet the relevant technical regulations approved by the Government of Georgia;

e) the qualifications and experience of the human resources of institutions meet the professional standards for caregiver-pedagogues approved by the Government of Georgia and the standards for other personnel determined by the municipality.

2. If the requirements determined by paragraph 1 of this article are violated by institutions after passing through the authorisation process, the authorisation of such institutions shall be suspended or revoked.

 

Article 16 – Validity of the authorisation of institutions

The validity of the authorisation of institutions shall be four years.

 

Chapter IV – Institutions

 

Article 17 – Rights and obligations of institutions in relation to children and their parents and/or legal representatives

1. Institutions shall provide early and preschool education services.

2. Institutions shall ensure:

a) the protection and respect of the right of education as provided for by the legislation of Georgia and international legislation, as well as other rights of children and their parents and/or legal representatives;

b) compliance with standards established for institutions;

c) the development of strategies of institutions in accordance with the standards of inclusive education, and the standards for the protection of children from violence, and sanitary and hygiene standards;

d) the complete transparency of the delivery of early and preschool education services;

e) an effective relationship with the parents and/or legal representatives of children and with the public;

f) the provision to children of the information on their rights and protection mechanisms based on their age and individual capabilities, through the means of communication available to them.

3. Public institutions shall ensure:

a) universal access to early and preschool education for all children, regardless of their physical, cognitive, sensory, social, emotional, linguistic, ethnic, racial, religious, or other particularities;

b) the involvement of the parents and/or legal representatives of children in the process of the provision of early and preschool education services.

4. Institutions shall facilitate the sports activities of children in the process of early and preschool education for the purposes of establishing a healthy lifestyle for children at an early age.

Law of Georgia No 5019 of 20 September 2019 – website, 27.9.2019

Law of Georgia No 5919 of 21 May 2020 – website, 25.5.2020

Law of Georgia No 433 of 2 April 2025 – website, 4.4.2025

 

Article 18 – Advisory Board

1. Public institutions shall establish an Advisory Board on a voluntary basis.

2. The Advisory Board of the public institution shall consist of seven members, as follows:

a) five parents and/or legal representatives;

b) two caregiver-pedagogues.

3. Upon the decision of the Advisory Board, experts and/or specialists may be invited to participate in the activities of the Advisory Board.

4. The director of a public institution shall be entitled to attend the meetings of the Advisory Board without the right to vote.

5. The Advisory Board shall be elected by the general meeting of parents for the term of one year, with the right to extend such term.

6. The activities of the Advisory Board shall be regulated by this Law and the charter of the public institution.

7. The Advisory Board shall be headed by the chairperson of the Advisory Board who shall be elected by the members of the Advisory Board for the term of two years by a simple majority of votes. The chairperson of the Advisory Board shall convene and chair the meetings of the Advisory Board.

8. A meeting of the Advisory Board shall be convened when necessary but not fewer than four times a year.

9. The Advisory Board shall be authorised to take decisions when at least four members are present, with a simple majority of votes. If the votes are divided equally, the decision shall be taken by the chairperson of the Advisory Board.

10. The Advisory Board shall:

a) review the services, the annual curriculum and the list of study materials and give proper recommendations;

b) review financial expenses and matters related to the management of the assets of the property of the public institution and give proper recommendations to the administration of the public institution;

c) review the claims of the parents and/or legal representatives of children as provided for by the charter, and give proper recommendations to the administration of the public institution in order to eliminate problems;

d) submit recommendations on a quarterly basis to the relevant structural unit of the city hall of a municipality and/or to a non-entrepreneurial (non-commercial) legal entity founded by it.

Law of Georgia No 1261 of 26 July 2017 – website, 29.7.2017

 

Article 18¹ – Restriction for the institution personnel

A person convicted for committing a crime against sexual freedom and sexual inviolability, determined by the Law of Georgia on Combating Crime against Sexual Freedom and Sexual Inviolability, may not be employed at the institution despite removal or expungement of the conviction.

Law of Georgia No 5753 of 17 March 2020 – website, 23.3.2020

 

Chapter V – Provision of Early and Preschool Education Services, Including the School Readiness Programmes

 

Article 19 – Education and support of parents/legal representatives

1. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia shall support parents/legal representatives in matters related to the health of mothers and children, as provided for by the legislation of Georgia.

2. The Ministry of Education, Science and Youth of Georgia shall, within the scope of its authority, support the implementation of various educational programmes for parents/legal representatives.

Law of Georgia No 3104 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 366 of 16 March 2021 – website, 18.3.2021

Law of Georgia No 3852 of 30 November 2023 – website, 15.12.2023

 

Article 20 – Composition of preschool education groups

1. Institutions shall establish independent groups of children for the following age categories:

a) from 2 to 3 years – first year of preschool education;

b) from 3 to 4 years – second year of preschool education;

c) from 4 to 5 years – third year of preschool education;

d) from 5 years – the fourth year of preschool education before entering the first grade of primary education, where the school readiness programme is implemented.

2. If the number of children of the same age is insufficient, an institution may establish multi-aged groups of children of related age, with not more than 15 children per group.

3. In the case provided for by paragraph 2 of this article, an institution shall make a decision in agreement with its founder.

 

Article 21 – Duration of academic years and days during preschool education

1. The beginning and the end of the academic year at public institutions shall be determined by municipalities.

2. The duration of an academic day at public institutions shall be nine hours, with three meals a day.

3. The duration of the school readiness programme shall be three hours a day.

4. The working hours of persons employed at institutions and other conditions of employment shall be regulated by the Organic Law of Georgia Labour Code of Georgia.

 

Article 22 – Size of groups and correlation between the number of children and caregiver-pedagogues and/or caregivers

1. Preschool education groups shall be completed by the following maximum number of children:

a) a group of children from 2 to 3 years of age category shall not comprise more than 25 children;

b) a group of children from 3 to 4 years of age category shall not comprise more than 30 children;

c) a group of children from 4 to 5 years of age category shall not comprise more than 30 children.

2. Children from 5 years, before they enter the first grade of primary education, may study and/or be taught in the school readiness programme group. The number of children in such group shall not exceed 30.

3. The correlation of the number of caregiver-pedagogues and/or caregivers per group shall be determined in the following way:

a) in a group of children from 2 to 3 years, the correlation between the number of caregiver-pedagogues and/or caregivers and the number of children shall not exceed 1:13;

b) in a group of children from 3 to 4 years, the correlation between the number of caregiver-pedagogues and/or caregivers and the number of children shall not exceed 1:15;

c) in a group of children from 4 to 5 years, the correlation between the number of caregiver-pedagogues and/or caregivers and the number of children shall not exceed 1:15;

d) in a school readiness programme group the correlation between the number of caregiver-pedagogues and/or caregivers and the number of children shall not exceed 1:15.

 

Article 23 – Inclusive early and preschool education

1. Institutions shall ensure the provision of inclusive education to children regardless of their physical, cognitive, sensory, social, emotional, linguistic, ethnic, racial, religious, or other particularities.

2. Institutions shall continue to provide education to children involved in the inclusive educational programme, if, in their best interests, it is not recommended for such children to start school regardless of their age.

3. In the case provided for by paragraph 2 of this article, the parents and/or legal representatives of such children shall take decisions on such matters on the basis of proper consultation with the caregiver-pedagogues of such children and with relevant specialists.

Law of Georgia No 433 of 2 April 2025 – website, 4.4.2025

 

Article 24 – Remuneration of caregiver-pedagogues

The maximum limit of the reimbursement of caregiver-pedagogues shall be determined by a normative act of the Government of Georgia.

 

Chapter VI – Monitoring, Assessment and Reporting at Institutions

 

Article 25 – Internal monitoring, assessment and reporting at institutions

1. Institutions shall carry out regular internal monitoring, assessment and reporting.

2. Public institutions shall annually submit to the founders the annual and financial reports in accordance with the schedule developed by the municipalities.

 

Article 26 – Control of institutions by municipalities

1. The relevant structural unit of the city hall of a municipality and/or a non-entrepreneurial (non-commercial) legal entity founded by such municipality shall exercise control over the provision of early and preschool education services by institutions in accordance with the procedures provided for by this Law and the municipality Sakrebulo (municipal assembly).

2. The standards for exercising control over the activities of public institutions by the relevant structural unit of the city hall of a municipality and/or by a non-entrepreneurial (non-commercial) legal entity founded by such municipality shall be determined by an ordinance of the Government of Georgia.

3. For the purposes of exercising control over the activities of institutions, the relevant structural unit of the city hall of a municipality and/or a non-entrepreneurial (non-commercial) legal entity founded by such municipality shall:

a) monitor the compliance of the institution with the authorisation conditions provided for by Article 15 of this Law;

b) examine and assess the accounting and financial reporting of the institution;

c) examine and assess the compliance of the institution with other requirements provided for by the legislation of Georgia.

4. For the purposes of exercising control over the activities of an institution, the relevant structural unit of the city hall of a municipality and/or a non-entrepreneurial (non-commercial) legal entity founded by such municipality shall be entitled to appear at the institution without prior notification in order to examine compliance with the authorisation conditions.

5. The relevant structural unit of the city hall of a municipality and/or a non-entrepreneurial (non-commercial) legal entity founded by such municipality shall conduct an unscheduled check on an institution at the request of the parents and/or legal representatives of more than 10 children involved in the educational programme of the institution.

6. A Mayor of a municipality shall submit to the municipality Sakrebulo (municipal assembly) the data obtained as a result of the control over the activities of the institution as a part of the annual report.

Law of Georgia No 1261 of 26 July 2017 – website, 29.7.2017

 

Chapter VII – Financing of Early and Preschool Education System

 

Article 27 – Financing of early and preschool education system

1. Municipalities shall annually allocate necessary funds from their own budget for the management and provision of services to the institutions founded by such municipalities.

2. The form, rules and conditions for the financing of public institutions by municipalities shall be determined by the municipal Sakrebulos (municipal assemblies).

 

Chapter VIII – Transitional and Final provisions

 

Article 28 – Transitional provisions

1. Before 1 October 2017, the Government of Georgia shall:

a) adopt an ordinance on the determination of procedures for the authorisation of institutions;

b) adopt a normative act for the approval of state standards for early and preschool education, including state education standard for school readiness;

c) adopt a normative act for the approval of professional standards for caregiver-pedagogues;

d) adopt a normative act for the approval of technical regulations governing the observance of sanitary and hygienic standards at institutions;

e) adopt a normative act for the approval of technical regulations governing the catering and diet nutritional value standards at institutions;

f) adopt a normative act for the approval of technical regulations governing the arrangement of buildings and structures, infrastructure, and the logistical base of institutions;

g) adopt a normative act for the approval of the procedures for keeping registers of institutions by municipalities and a list of data and indicators to be included in such registers.

2. Before 1 October 2017, the Government of Georgia shall adopt a normative act to determine the maximum limit of the reimbursement for caregiver-pedagogues.

3. Before 1 October 2017, the Ministry of Education and Science of Georgia shall:

a) (deleted – 20.9.2018, No 3449);

b) adopt a normative act to establish the monitoring system at public institutions for the purposes of establishing, developing and improving state standards of preschool education;

c) adopt a normative act to facilitate the development of training modules for the professional development of caregiver-pedagogues and to support municipalities in their retraining.

4. Before 1 October 2017, each municipal Sakrebulo (municipal assembly) shall:

a) adopt a normative act to develop the monitoring, assessment and reporting system for exercising control over the provision of preschool education services and school readiness programmes;

b) adopt a normative act to develop the system of internal monitoring and assessment for preschool education services and school readiness programmes at the institutions;

c) adopt a normative act to determine the service instructions, codes of conduct and codes of ethics for the personnel of institutions;

d) adopt a normative act to determine the professional standards for the personnel of institutions;

e) adopt a normative act to determine the qualification requirements for the directors of public institutions.

5. Subordinate normative acts within the scope of regulation of this Law shall be valid until amendments are made thereto or until they are invalidated.

6. For the purposes of authorisation of institutions, the transitional period shall be before 1 January 2030.

7. During the transitional period, the authorisation of institutions shall be carried out by the Legal Entity under Public Law operating under the governance of the Ministry of Education, Science and Youth of Georgia called the National Center for Educational Quality Enhancement (‘the Center’).

8. During the transitional period, but not later than 31 December 2022, the Government of Georgia shall, upon the nomination of the Ministry of Education and Science of Georgia, approve by an ordinance the temporary procedures for awarding, terminating and suspending the authorisation of institutions (‘the temporary procedures’).

8¹. During the transitional period, a general education institution established as a legal entity under private law shall be authorised to obtain the right to implement a preschool education programme/school readiness programme in accordance with the temporary procedures, without establishing an independent legal entity.

9. In order to carry out the authorisation of institutions during the transitional period:

a) for the purpose of initial registration of institutions, the Legal Entity under Public Law operating under the governance of the Ministry of Education and Science of Georgia called the Education Management Information System shall, not later than 1 July 2022, create a respective electronic system (‘the electronic registration system’);

b) an institution that, until 1 July 2022, carries out activities as an early education institution and/or a preschool education institution and wants to obtain the status of an early education institution and/or a preschool education institution, is obliged to undergo initial registration in the electronic registration system from 1 July 2022 to 1 January 2023;

b¹) an individual entrepreneur who provides early education services and/or preschool education services and wants to obtain the status of an early education institution and/or a preschool education institution, shall undergo initial registration in the electronic registration system before 31 March 2023, inclusive;

c) an institution/an individual entrepreneur providing early education services and/or an individual entrepreneur providing preschool education services registered in accordance with sub-paragraph (b) or (b¹) of this paragraph shall submit to the Center its self-assessment not later than 1 January 2024 as provided for by the temporary procedures. In addition, such individual entrepreneur is obliged to establish a legal entity in accordance with Article 13 of this Law before 1 January 2024, as provided for by the legislation of Georgia;

d) on the basis of a proposal prepared by the Center as a result of the analysis of the self-assessment submitted under sub-paragraph (c) of this paragraph, the schedule for obtaining the authorisation by legal entities registered in accordance with sub-paragraph (b) of this paragraph and established in accordance with sub-paragraph (c) of this paragraph shall be approved by an order of the Minister of Education, Science and Youth of Georgia not later than 1 October 2024.

9¹. On the basis of a proposal prepared by the Center as a result of the analysis of the self-assessment submitted under paragraph 9(c) of this Article, the schedule for obtaining the right to implement a preschool education programme/school readiness programme by legal entities registered in accordance with paragraph 9(b) of this Article shall be approved by an order of the Minister of Education, Science and Youth of Georgia not later than 1 October 2024.

10. The procedure for operating the electronic registration system determined by paragraph 9(a) of this Article shall be approved by an ordinance of the Government of Georgia.

11. The registration with the electronic registration system as provided for in paragraph 9(b) or (b¹) of this Article shall be considered the basis for the right of a respective institution/individual entrepreneur providing early education services and/or individual entrepreneur providing preschool education services to carry out activities in the area of early education and/or preschool education, taking into consideration a schedule provided for in paragraph 9(d) of this Article/paragraph 9¹ of this Article, until a relevant decision is made in relation to such institutions by the authorisation council of early and preschool education institutions.

12. If an institution/an individual entrepreneur providing early education services and/or an individual entrepreneur providing preschool education services fails to submit a self-assessment within the timeframe specified in paragraph 9(c) of this Article or such individual entrepreneur fails to establish a legal entity or fails to submit an authorisation application/an application for obtaining the right to implement a preschool education programme/a school readiness programme within the timeframe established in the schedules referred to in paragraph 9(d) of this Article/paragraph 9¹ of this Article, its right to carry out activities in the area of early education and/or preschool education shall be annulled.

13. An institution that had not carried out activities as an early education institution and/or a preschool education institution before 1 July 2022 and wants to obtain the status of an early education institution and/or a preschool education institution, shall obtain authorisation during the transitional period in accordance with the temporary procedures. This rule shall apply to the resubmission of an authorisation application (in the case of refusal of authorisation) and the submission of a new authorisation application (if it wants additionally to obtain the status of an early education institution and/or a preschool education institution) by an institution during the transitional period, or to the annulment of the right of an institution to carry out activities as provided for in paragraph 12 of this article.

14. During the transitional period, decisions on granting the authorisation to institutions shall be made by the authorisation council of early and preschool education (‘the Authorisation Council’). The members of the Authorisation Council shall be appointed and may be dismissed by the Prime Minister of Georgia upon the recommendation of the Ministry of Education, Science and Youth of Georgia. The work of the members of the Authorisation Council shall not be remunerated. The powers and rules of operation of the Authorisation Council shall be determined by the temporary procedures.

15. In accordance with the temporary procedures, the Authorisation Council shall make one of the following decisions:

a) on granting authorisation;

b) on refusing authorisation;

c) on terminating authorisation;

d) on suspending authorisation;

e) on obtaining the right to implement a preschool education programme/a school readiness programme;

f) on depriving of the right to implement a preschool education programme/a school readiness programme.

16. Compliance with the requirements established by the authorisation standards of an institution shall be determined in accordance with the temporary procedures.

17. If a decision is made on annulling the right of an institution to carry out activities, or on refusing or terminating authorisation of an institution, a legal entity shall have the right to submit to the Center an authorisation application after 1 year from the date of annulment of the right to carry out activities, or from the date of making a decision on refusing authorisation or on terminating authorisation.

18. A decision on granting or refusing authorisation shall be made within 180 calendar days from the date of submission of an authorisation application by an institution.

19. During the transitional period, the Center shall monitor the compliance of the early education services and/or preschool education services provided by an authorised institution with the authorisation standards, in accordance with the temporary procedures. During the transitional period, the Center shall also carry out the monitoring of an institution upon the request of the parents/legal representatives of at least 10 children involved in the educational programme of the institution.

20. The bodies determined by this Law, which exercise control over the activities of an institution, shall provide information on the results of the control (except for the measures referred to in Article 26(3) of this Law) to the Center, which shall be authorised to carry out the monitoring of the institution on the basis of the said information.

21. A decision on terminating or suspending authorisation shall be made within 90 calendar days from the date of issuance of an order of the Director of the Center on verifying the compliance of an institution with the authorisation conditions. The timeframe shall be considered suspended during the period established by the Authorisation Council for the institution for remedying the identified shortcomings.

22. During the transitional period, the Legal Entity under Public Law operating under the governance of the Ministry of Education, Science and Youth of Georgia called the Education Management Information System shall administer the temporary early and preschool education management information system and ensure its availability to the municipalities and the Center in accordance with the procedure for administration of the temporary early and preschool education management information system approved by an ordinance of the Government of Georgia.

23. Municipalities shall ensure the publicity of the data obtained from the temporary early and preschool education management information system under paragraph 22 of this Article, as well as the availability of such data to the LEPL National Statistics Office of Georgia.

24. If an institution obtains authorisation during the transitional period, the 4-year period of authorisation of the institution as provided for in Article 16 of this Law shall start from the date of obtaining the authorisation by such institution.

25. During the transitional period, a ratio of caregiver-pedagogues/caregivers with children different from the one determined in Article 22 of this Law may be established in accordance with the temporary procedures.

Law of Georgia No 493 of 23 March 2017 – website, 27.3.2017

Law of Georgia No 3449 of 20 September 2018 – website, 9.10.2018

Law of Georgia No 3910 of 6 December 2018 – website, 14.12.2018

Law of Georgia No 46 of 30 December 2020 – website, 30.12.2020

Law of Georgia No 1377 of 15 February 2022 – website, 23.2.2022

Law of Georgia No 2435 of 16 December 2022 – website, 27.12.2022

Law of Georgia No 3852 of 30 November 2023 – website, 15.12.2023

Law of Georgia No 3961 of 15 December 2023 – website, 25.12.2023

 

Article 29 – Entry into force of the Law

1. This Law, except for Articles 1-27 of this Law, shall enter into force upon its promulgation.

2. Articles 1-14, Article 15(1)(a) and (c-e) and (2), and Articles 16-19, 21 and Articles 23-27 of this Law shall enter into force on 1 October 2017.

3. Article 15(1)(b) and Article 22 of this Law shall enter into force on 1 October 2017 in respect of institutions which have been granted a construction permit as provided for by law after the adoption of a normative act as referred to in Article 28(1)(f) of this Law.

4. Article 15(1)(b) and Article 22 of this Law shall enter into force on 1 April 2020 in respect of institutions which have been granted a construction permit as provided for by law at the moment of the adoption of the normative act referred to in Article 28(1)(f) of this Law.

5. Article 20 of this Law shall enter into on from 1 April 2018.

Law of Georgia No 493 of 23 March 2017 – website, 27.3.2017

 

 

President of Georgia                                                    Giorgi Margvelashvili