In order to be financed from the state budget, a religious school with a permit to operate will in future have to directly conclude an agreement with the Government of Montenegro, based on the Law on Freedom of Religion and the contract between the state and that religious community.
This is, among other things, envisaged by the Bill on Amendments to the General Law on Education, which was adopted yesterday at the session of the Government of Montenegro.
According to unofficial information from "Vijesti", this proposal from the Ministry of Education, Science and Innovation (MESI) should soon be submitted to the Parliament of Montenegro.
The new amendments to the General Law on Education also prohibit physical and psychological violence, neglect, sexual abuse of children, students and staff, and discrimination, and the institution is obliged to initiate appropriate proceedings against those who violate these provisions. The Minister will be obliged to select only the first-ranked candidate for the director of an educational institution, after conducting written and oral tests, and that manager may be dismissed if he fails to act in accordance with a final court decision, if an indictment is confirmed against him, if an indictment or a private lawsuit is filed for a criminal offense that makes him unworthy of performing his duties, but also if he fails to take prescribed measures and actions against an employee in the event of suspicion that he has committed a criminal offense against sexual freedom to the detriment of students or other employees.
The draft law also stipulates that the school administration is obliged to notify the Ministry of Education, as well as the competent social and child protection institution, in the event that parents frequently neglect their legal obligations.
Criteria for hiring teachers have also been set, as well as a regulated area related to online teaching in the event of interruption of educational work in particularly justified cases, such as an epidemic, natural disaster, etc.
Financing
The proposed amendments to the General Law on Education abolish the possibility of financing private educational institutions, so the provisions that provided for this have been deleted.
The bill defines that state institutions will be provided with funds from the budget for adaptation and reconstruction, procurement of equipment and vehicles for transporting students.
However, the method of financing licensed religious schools that implement a publicly valid educational program is prescribed in more detail.
"A religious school that implements a publicly valid educational program and is licensed has the right to be financed from the budget of Montenegro. Financing of a religious school referred to in paragraph 1 of this article is carried out on the basis of an agreement between the Government and the religious school, which is concluded on the basis of the law regulating relations between Montenegro and religious communities and contracts between Montenegro and the religious community that is the founder of the religious school," the Bill states.
The State Audit Institution gave a negative opinion on the financing of religious communities in Montenegro in October last year. They announced at the time that the secondary religious schools Medresa "Mehmed Fatih" and the Secondary Religious School - Gymnasium "Sveti Sava" had been illegally financed with 4,9 million euros over the past four years.
Funding for two religious schools was transferred from the Ministry of Education and Culture to the Ministry of Justice last summer.
Previously, since 2018, the Ministry of Education administrations have funded, first of all, only the “Mehmed Fatih” Madrasa with about half a million euros, and since 2022, 800.000 euros have been allocated for that school. Since the same year, the Government has also funded the “Sveti Sava” Secondary Religious School - Gymnasium with 900.000 euros.
Appointments, dismissals, employment
The draft law obliges the Minister of Education to select the first-ranked candidate for the director of an educational institution, after conducting written and oral tests.
"In the event of reasonable suspicion that the health of the principal or assistant principal is impaired to an extent that significantly reduces their working capacity, the school or administrative board shall make a decision to refer the principal or assistant principal for an assessment of their working capacity in accordance with the law," it was proposed.
In addition to the existing legal provisions regarding offenses that lead to the dismissal of heads of institutions, the Draft Law now also provides that a director may be dismissed even if he or she has not complied with a final court decision.
"If an indictment is confirmed against him for a criminal offense that makes him unworthy of performing his duties, or if an indictment or private lawsuit is filed, especially if it concerns criminal offenses against sexual freedom, if he fails to take prescribed measures and actions against a teacher or other employee in the event of suspicion that he has committed a criminal offense against sexual freedom to the detriment of a student or teacher or other employee, if he refuses to undergo a medical examination in accordance with this law or refuses to undergo a medical examination at the request of the governing body," states the proposal for amendments to the umbrella education regulation.
Directors can also be dismissed if it is determined that the institution is operating contrary to the law, statute and other general acts, and they have not taken measures to eliminate these irregularities, but also if they do not implement preventive activities to protect against violence, abuse and neglect...
The proposal also defines the criteria for hiring teachers.
"The decision on the employment of teachers shall be made by the director of the institution, upon the proposal of the commission, within 15 days from the expiry of the deadline for submitting applications for the public competition... The commission shall compile a ranking list of candidates based on the following criteria: average grade, or the success index in studies, the waiting time for employment at the appropriate level of education and the length of fixed-term employment at the appropriate level of education. A special condition for the employment of teachers is probationary work. A teacher who does not satisfy the requirements during the probationary period shall have his employment terminated upon the expiry of the period specified in the probationary contract. The method of scoring the criteria referred to in paragraph 8 of this Article and compiling the ranking list of candidates, as well as the duration, method of conducting and assessing the results of the probationary period shall be prescribed by the Ministry," the Bill specifies.
It is stated that a teacher's employment contract can be transformed from a fixed-term to an indefinite-term employment contract if the teacher meets the prescribed general and special conditions in accordance with the law and if the institution has at least half of the teaching hours for a specific subject.
Violence is prohibited, but so is neglect.
"Any form of violence, abuse and neglect referred to in paragraph 1 of this Article by a child, or student, his/her parent or other person, as well as a teacher and other employee of the institution against a child, or student, teacher and other employee of the institution is prohibited in the institution," the Proposal for Amendments to the General Law on Education states.
It was specified that appropriate proceedings will be initiated against persons who commit violence, abuse and neglect of institutions, in accordance with the law.
"Any form of discrimination is prohibited in the institution in accordance with the law. The institution is obliged to implement preventive activities to protect against violence, abuse and neglect referred to in paragraph 1 of this article. The content and manner of implementing preventive activities referred to in paragraph 5 of this article shall be prescribed by the state administration body responsible for education," the Proposal states.
Parents are responsible for ensuring that their child attends classes regularly, and are obliged to actively participate in all forms of educational work, especially in the implementation of the plan of intensified educational work, at the invitation of the institution.
"He is obliged to respect the rules of the institution, especially regarding the prohibition of any form of verbal and physical violence. If a parent frequently neglects his obligations, the institution is obliged to inform the Ministry, the competent authority, or the competent social and child protection institution," the proposed amendments state.
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