Act on Tertiary Artistic Education Institutions under the Auspices of the Ministry of Culture Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 7a Chapter 8
Act No. 289 of April 27, 1994 on Tertiary Artistic Education Institutions under the Auspices of the Ministry of Culture is hereby consolidated with the amendments pursuant to Act No. 142 of March 17, 1999. 1)
Consolidation Act No. 889 of September 21, 2000 (in force)
Chapter 1 – General provisions
Chapter 2 – The institutions' missions
Chapter 3 – Study programmes and research
Chapter 4 – Management
Chapter 5 – Postgraduate study
Chapter 6 – Financial matters
Chapter 7 – Sundry provisions
Chapter 7a – Self-governing education institutions funded primarily by the state
Chapter 8 – Transitional provisions and provisions on entry into force
Chapter 1
General provisions
1. This act applies to the following state institutions under the auspices of the Ministry of Culture which provide training in the arts: the Royal Danish Academy of Fine Arts, School of Architecture; the Royal Danish Academy of Fine Arts, Schools of Visual Arts; the Royal Danish Academy of Fine Arts, School of Conservation; the Aarhus School of Architecture; the Royal Danish Academy of Music; the Royal Academy of Music, Aarhus; the Academy of Music, Esbjerg; the Academy of Music, Odense; the Academy of Music, Aalborg; the Rhythmic Music Conservatory; the National Theatre School of Denmark; the National Film School of Denmark; the Danish School of Design; and the Glass and Ceramics School on Bornholm.
(2) The Minister for Culture may decide that this act is also to apply to other state education institutions under the auspices of the Ministry of Culture.
The institutions' missions
2. The mission of the Royal Danish Academy of Fine Arts, School of Architecture and the Aarhus School of Architecture as higher education institutions is, on an artistic and scientific basis, to provide training in architecture to the highest level and to carry on artistic development activities and, on a scientific basis, undertake research into architecture.
3. The mission of the Royal Danish Academy of Fine Arts, Schools of Visual Arts as a higher education institution is, on an artistic and scientific basis, to provide training in painting, sculpture, the graphic arts and associated arts to the highest level and to carry on artistic development activities and, on a scientific basis, undertake research into the visual arts.
4.2) The mission of the Royal Danish Academy of Fine Arts, School of Conservation as a higher education institution is, on an artistic and scientific basis, to provide training in conservation and restoration to the highest level and, on a scientific basis, to undertake research in these fields.
5. The mission of the academies of music is, together, to provide training in music and music teaching to the highest level and otherwise contribute to the advancement of music in Denmark. The academies of music are also to carry on artistic and pedagogical development activities and may, on a scientific basis, undertake research in their specialist fields.
6. The mission of the National Theatre School of Denmark is to train actors, directors and scenographers. The school may also provide training in other areas in the theatre field.
7. The mission of the National Film School of Denmark is to provide artistic and technical training in film, TV and video production.
7 a. The mission of the Danish School of Design is to provide training in crafts, design and related areas.
7 b. The mission of the Glass and Ceramics School on Bornholm is to provide training in glass and ceramics. The school may also provide training in other areas in the crafts field.
8. The education institutions covered by this act are also to help to broaden knowledge of working methods and results in their specialist fields.
Study programmes and research
9. The Minister for Culture is to decide which study programmes an institution is to offer after consulting that institution.
(2) An institution which undertakes research is to decide for itself which research is to be undertaken at the institution.
10. The Minister for Culture is to lay down rules on
1) the content and duration of study programmes,
2) examinations and tests, including their assessment,
3) admission to study programmes,
4) the appointment of teaching staff and scientific employees,
5) the acquisition of doctorates, and
6) complaints to the institution from students in connection with examinations and tests, and the procedures for processing these complaints.
(2) Before the Minister for Culture lays down rules pursuant to the first paragraph above, the institutions affected by the rules are to have an opportunity to comment, where the proposals do not originate from these institutions.
(3) The institution may lay down rules on expulsion and other disciplinary measures for students.
Management
11. The Minister for Culture is to lay down more detailed rules on the management of the institutions.
(2) Each institution is to be headed by a principal. The principal is to decide on all matters which are not assigned to the Minister for Culture or the institution's governing bodies by this act or pursuant to the first paragraph above.
(3) The principal is to be elected or appointed by the institution or appointed by the Minister for Culture.
(4) One or more governing bodies are to be appointed at each institution. The institution's supreme governing body is to be involved in matters that concern the institution's overriding interests as an education and research institution and is to participate in the laying down of guidelines for the institution's long-term activities and development.
(5) Before the Minister for Culture lays down rules pursuant to the first paragraph above, the institutions affected by the rules are to have an opportunity to comment, where the proposals do not originate from these institutions.
Postgraduate study
12. The Minister for Culture may lay down rules on the acquisition of doctorates at institutions that undertake research to a high scientific level.
Financial matters
13. State funding for the institutions is to be laid down in the annual appropriation acts.
(2) The Minister for Culture may decide that an institution which provides
1) continuing education,
2) open education,
3) education for certain foreign students, and
4) education for doctoral students whose training is funded externally
may charge fees for participation in tuition and examinations.
(3) An institution may charge fees to cover all or part of the cost of entrance tests, examinations for applicants from private/non-recognised schools and similar. The institutions' libraries may also charge fees for late returns of, losses of and damage to books and other materials loaned.
(4) The institutions may receive funding from sources other than the appropriation acts. Such funding may be kept separate from state funding. Funds and foundations may be set up for such funding.
14. The Minister for Culture may permit institutions to enter into contracts of a non-commercial nature with self-governing institutions and organisations which have connections with the institutions and whose principal aims are connected to the institution's aims.
Sundry provisions
15. Complaints about an institution's decisions pursuant to this act or rules laid down pursuant to this act may, insofar as they concern legal aspects, be brought before the Minister for Culture, except as set out in the second paragraph below.
(2) The Minister for Culture is to lay down more detailed rules on the right to bring complaints and may in so doing decide that, other than complaints concerning the legal aspects of decisions on a student's legal position, complaints about decisions may not be brought before the minister.
16. The Minister for Culture may approve exemptions from the provisions of this act following proposals from the institution.
(2) The Minister for Culture may lay down special rules for institutions or parts thereof which have special roles or where special circumstances so dictate.
Self-governing education institutions funded primarily by the state
16 a. The rules in this chapter apply to Designskolen Kolding.
(2) The Minister for Culture may, following a request from the institution in question, decide that other self-governing education institutions under the auspices of the Ministry of Culture which are funded primarily by the state and which provide training in the arts are to be covered by the provisions of this chapter.
(3) Chapters 3, 6 and 7 of this act also apply to institutions covered by this chapter.
(4) Provided that approval is given by the funding authorities, the Minister for Culture may, following a request from a self-governing institution covered by this chapter, decide that the institution is to become a state institution and be covered by the provisions of this act on state institutions.
16 b. The institution is obliged to assist with the implementation of an evaluation of the institution's activities if the Minister for Culture decides to institute such an evaluation.
16 c. The Minister for Culture may lay down more detailed rules on the terms and conditions for state funding, including student numbers and rules on budgets, accounts, controls and supervision, etc. for the institution.
(2) The institution is to comply with the provisions laid down by the Minister for Finance or agreed contractually on terms of remuneration and employment, including pensions, for the personnel employed at the institution.
(3) The Minister for Culture may decide that state funding for the institution is to be withdrawn wholly or in part if the Minister for Culture believes that there is no longer a need for the institution or part of its activities or where the institution contravenes applicable rules or terms and conditions laid down for state funding.
16 d. The self-governing institution's activities are to be governed by a set of statutes approved by the Minister for Culture.
16 e. The institution's governing board is to provide the top-level management of the institution.
16 f. The governing board is responsible to the Minister for Culture for the institution's activities, including the use of state funding.
(2) The Minister for Culture may issue orders to the governing board on the remediation of specific circumstances concerning its educational activities and the use of state funding. If the governing board does not comply with orders described in the first sentence above, the Minister for Culture may decide
1) that the governing board's duties or parts thereof are to be undertaken for a period by persons appointed by the Minister for Culture, or
2) that the governing board is to resign so that a new governing board can be elected as stipulated in the institution's statutes.
(3) If the governing board's actions jeopardise the future of the institution, the Minister for Culture may decide that the governing board must resign immediately and may in this connection appoint a temporary governing board until a new governing board can be appointed as stipulated in the institution's statutes.
16 g. The institution's principal is responsible for organising the institution's tuition activities and also for the day-to-day pedagogical, administrative and financial management of the institution.
16 h. Decisions to bring legal proceedings against members of the governing board, the principal, the auditors or others in respect of losses incurred by the institution may be reached by the governing board or by the Minister for Culture.
16 i. In the event of the closure of the institution, any net assets are to be used for teaching and education purposes as decided by the Minister for Culture.
Transitional provisions and provisions on entry into force
17. This act enters into force on August 1, 1994.
(2) Rules laid down in royal decrees and orders in force on the entry into force of this act are to remain in force until repealed or replaced by rules laid down pursuant to this act.
(3) Persons who hold positions pursuant to rules laid down in royal decrees and orders on the entry into force of this act are to continue in these positions until replaced by persons appointed or elected under rules laid down pursuant to this act.
18. The following acts and provisions are repealed:
1) Act No. 275 of June 9, 1948 on the State's Takeover of the Royal Danish Academy of Music
2) Act No. 219 of May 31, 1963 on the State's Takeover of the Royal Academy of Music, Aarhus
3) Act No. 111 of March 29, 1972 on the State's Takeover of the Academies of Music in Esbjerg, Odense and Aalborg
4) Section 22 of Act No. 218 of April 5, 1989, the Film Act, as amended by Act No. 380 of June 6, 1991
5) Section 28 of the Theatre Act, cf. Consolidation Act No. 85 of February 6, 1992
(2) The Minister for Culture may repeal the following royal decrees:
1) Decree No. 346 of July 4, 1978 on the Aarhus School of Architecture
2) Decree No. 65 of February 4, 1974 on the Royal Danish Academy of Fine Arts, School of Architecture, as amended by Decree No. 16 of January 14, 1977
3) Decree No. 64 of February 4, 1974 on the Royal Danish Academy of Fine Arts, Schools of Visual Arts, as amended by Decree No. 15 of January 14, 1977 and Decree No. 781 of December 2, 1991
4) Decree No. 17 of January 14, 1977 on the Royal Danish Academy of Fine Arts, School of Conservation
5) Decree No. 723 of August 20, 1992 on the Royal Academy of Music, Aarhus
6) Decree No. 5 of January 6, 1956 on the Establishment of an Opera Academy, as amended by Decree No. 152 of May 19, 1961
Act No. 142 of March 17, 1999 contains the following provisions on entry into force, etc.:
The Minister for Culture is to set the date for the entry into force of the act. The Minister for Culture may decide that the provisions of the act are to enter into force on different dates.
(2) When the act enters into force for the Danish School of Design, the Glass and Ceramics School on Bornholm and Designskolen Kolding, Act No. 311 of April 24, 1996 on Self-governing Institutions, etc. is no longer to apply to these institutions.
(3) Rules for the Danish School of Design, the Glass and Ceramics School on Bornholm and Designskolen Kolding laid down pursuant to previously applicable rules are to continue to apply to these institutions until repealed or replaced by rules issued pursuant to Act No. 289 of April 27, 1994 on Tertiary Artistic Education Institutions under the Auspices of the Ministry of Culture as amended by this act, except as set out in the fourth paragraph below.
(4) Order No. 1173 of December 16, 1996 on Funding and Accounts, etc. for Self-governing Institutions for Tertiary Education, etc. as amended by Order No. 962 of December 12, 1997, Order No. 1172 of December 16, 1996 on Institutional Audits for Self-governing Institutions for Tertiary Education, etc. and Order No. 573 of July 4, 1997 on the Evaluation of Certain Tertiary Study programmes under the Auspices of the Ministry of Education do not apply to the Danish School of Design, the Glass and Ceramics School on Bornholm and Designskolen Kolding.
Ministry of Culture, September 21, 2000
Elsebeth Gerner Nielsen
/Henrik Jacobsen
Notes
1) Act No. 142 of March 17, 1999 was brought into force by Order No. 641 of August 2, 1999 except for the amendment concerning section 4 on the Royal Academy of Fine Arts, School of Conservation.
2) The Royal Academy of Fine Arts, School of Conservation does not have the status of a higher education institution because section 1, number 2 of Act No. 142 of March 17, 1999 has not been brought into force, cf. note 1 above.