Act
No. 375 of 28 May 2003 on Danish courses for adult aliens, etc.
Part1
Objects
and target group
1.
(1) The object
of courses in Danish as a second language (Danish courses) is to
assist adult aliens, on the basis of their individual backgrounds and
integration goals, in acquiring the necessary Danish language
proficiency and knowledge on Danish culture and society so as to make
them participating and contributory citizens on an equal footing with
other citizens of society.
(2) The Danish
courses must assist adult aliens in acquiring skills in understanding
and using the Danish language and obtaining knowledge of the Danish
labour market as soon as possible after they have been issued with a
residence permit for Denmark so as to enable them to get employment
and support themselves.
(3) The Danish
courses must also further adult aliens' active use of the Danish
language and assist them in obtaining common skills and knowledge
which are relevant in relation to working life and education and life
as citizens of a democratic society.
2.
(1) The local
council shall offer Danish courses, cf. section 3 of this Act, to
adult aliens who live and are registered in the civil register as
residents of the municipality. The offer comprises a Danish course
for up to three years after the first enrolment in a course, but cf.
subsection (5) hereof.
(2) The offer of
Danish courses is given to aliens over the age of 18 who hold
residence permits for Denmark or who, under current legislation, have
a right of residence in Denmark without a residence permit.
(3) Aliens under
the age of 18 who satisfy the conditions of subsection (2) hereof may
participate in a Danish course when the local council deems it
impossible or unreasonable to refer them to other relevant offers of
education.
(4) The following
groups of Danish nationals rank on a par with aliens, cf. subsection
(1) hereof: -(i) Residents from Greenland and the Faeroe
Islands over the age of 18 who, for particular reasons,
do not have
sufficient mastery of the Danish language to function in the Danish
society, (ii) Danish nationals over the age of 18 who, due to
long-term residence abroad, do not have
sufficient mastery
of the Danish language to function in the Danish society, including
persons born of Danish parents residing abroad.
(5) Aliens who have
been unable to avail themselves of the offer under subsection (1)
hereof for a period within the three years due to illness,
childbirth, etc., or due to unsubsidised full-time employment, must
be offered a Danish course by the local authority for a period
corresponding to the period in which they were unable to avail
themselves of the offer.
(6) The local
council may decide that it will extend its offer of a Danish course
to aliens who have not commenced or completed the Danish course
during the three-year period, cf. subsection (1) hereof.
Part 2
Structure,
contents and planning of the Danish courses
3.
(1) The Danish
courses under section 2(1) of this Act comprise teaching of the
Danish language and of Danish culture and society. The courses may
include traineeships with private or public enterprises.
(2) The offer under
section 2(1) of this Act comprises one of the following three Danish
courses: Danish course 1, Danish course 2 and Danish course 3.
(3) Danish course 1
is intended for students who have no or a poor educational background
and who have not learnt to read and write in their mother tongue.
(4) Danish course 2
is intended for students who normally have a short educational
background from their country of origin and who must be expected to
learn Danish as a second language rather slowly.
(5) Danish course 3
is intended for students who normally have a lower or upper secondary
or higher educational background from their country of origin and who
must be expected to learn Danish as a second language rather rapidly.
(6) The Danish
courses are divided into modules with specific targets. Enrolment in
a module other than enrolment in the first module presupposes that
the targets of the preceding module have been achieved.
(7) The courses
must be planned so as to be flexible in terms of time, place and
contents to enhance interaction with the student's employment,
activation or training.
(8) The Danish
courses must be planned so as to enable students to follow classes
outside normal working hours.
(9) The Minister
for Refugee, Immigration and Integration Affairs shall lay down rules
on the Danish courses referred to in subsection (2) hereof.
4.
(1) Each of the
three Danish courses, cf. section 3(2) of this Act, has en extent
corresponding to 1.2 years' full-time study.
(2) The Danish
courses must be planned so as to make it possible to complete a
course within a period of three years.
5.
(1) It must be
possible for aliens falling within the scope of the Integration Act
to commence a Danish course not later than one month after the local
council has taken over responsibility for the alien in question.
(2) It must be
possible for aliens not falling within the scope of the Integration
Act to commence a Danish course not later than one month after the
alien in question has applied to the local council to participate in
a Danish course or has been referred to the course as part of
activation.
(3) Students
shall actively follow the course plan. The Minister for Refugee,
Immigration and Integration Affairs may lay down more detailed rules
on absenteeism and exclusion from the course due to absence or for
other reasons.
(4) At the end of
the course, aliens falling within the scope of the Integration Act
who have not passed a final examination will be issued with a
certificate proving their active participation in the course if the
conditions therefore are satisfied. The Minister for Refugee,
Immigration and Integration Affairs may lay down more detailed rules
governing the conditions for the issue of a certificate of active
participation.
6.
(1) Enrolment in
a Danish course is effected upon referral from the local council of
the municipality of residence or the public employment service.
(2) The local
council of the municipality of residence shall comply with the
requests of self-supporting aliens who do not receive activation
offers from public authorities and who wish to be referred to Danish
courses offered by a specific provider, if the expenses for
participation in the course of the particular provider do not exceed
the recommended rate per module, cf. section 13(3) of this Act.
(3) The provider,
cf. section 10(1) of this Act, shall allocate aliens to a Danish
course and module on the basis of an educational assessment of each
alien's background and goals for the course.
(4) Providers of
Danish courses shall counsel students about completion of the
courses.
(5) The Minister
for Refugee, Immigration and Integration Affairs may lay down more
detailed rules on the matters referred to in subsections (1) to (4)
hereof.
7.
The local
council shall regularly monitor the progress and study results of
each student on the basis of reports from the providers on the
student's progress in the Danish language and active participation in
the course.
8.
The local
council shall ensure that aliens who reside within the municipality
and who fall within the scope of this Act are informed of the offer
of courses under section 2(1) of this Act.
Part 3
Examinations
9.
(1) Danish
course 1 and Danish course 2 finish with a Danish 1 examination and a
Danish 2 examination, respectively. Danish course 3 finishes with
examinations at two levels, the Danish 3 examination and the higher
education examination (studieprøven).
(2) Persons who
have not been enrolled in a module leading to one of the examinations
referred to in subsection (1) hereof may enter for the examination as
independent students.
(3) The providers
of Danish courses shall evaluate the students' learning of the
language during the course, including evaluation in connection with
transfers between the individual modules.
(4) The Minister
for Refugee, Immigration and Integration Affairs shall lay down rules
on examinations and other forms of evaluation, on the providers
eligible for conducting examinations, on the issue of examination and
course certificates, on supervision of examinations and on
remuneration of and travel compensation for members of the
examination committee and appointed external examiners.
Part 4
Providers
of Danish courses
10.
(1) The Danish courses may be provided by: -(i) municipal
language centres;
(ii) other public
educational institutions or state-approved educational institutions;
(iii) private language centres; and
(iv) other private
providers where the course is offered to aliens as part of activation
or employment in a private or public enterprise.
(2) A language
centre shall offer at least two of the three Danish courses, cf.
section 3(2) of this Act. Other providers, cf. subsection (1)(ii) and
(iv) hereof, may offer one or more of the three Danish courses or
individual modules of a course.
(3) The Minister
for Refugee, Immigration and Integration Affairs shall lay down more
detailed rules on the range of offers and the providers.
11.
(1) The local council is responsible for implementation of the Danish
courses in accordance with the rules of this Act.
(2) The local
council may conclude an agreement with another local council or an
inter-municipal organisation on transfer of the responsibility under
subsection (1) hereof.
12.
The individual providers' students are entitled to set up a Student
Council under rules laid down by the Minister for Refugee,
Immigration and Integration Affairs.
Part 5
Financing,
etc.
13.
(1) The local council shall defray the expenses for Danish courses
for aliens residing in the municipality, but cf. sections 14 and 15
of this Act.
(2) The local
council shall grant subsidies to providers of Danish courses
according to rates per module.
(3) The annual
Finance Acts must lay down recommended rates per module. The rate can
only be paid out once per module unless particular circumstances
exist.
(4) The Minister
for Refugee, Immigration and Integration Affairs shall lay down more
detailed rules on settlement between local councils and providers, on
rates under subsections (2) and (3) hereof, and on payment of rates.
14.
(1) The course is free of charge for aliens falling within the scope
of the Integration Act.
(2) Under rules
laid down by the Minister for Refugee, Immigration and Integration
Affairs, self-supporting students who do not fall within the scope of
the Integration Act may be charged a fee for participation in a
Danish course. Such rules may include rules on differentiated fees
depending on the persons involved.
(3) The local
council shall offer Danish courses to Danish nationals whose Danish
skills are inadequate and who do not fall within the scope of the
rules of section 2(iv) of this Act against payment of the expenses
pertaining to the course. The local council may grant a full or
partial subsidy for this.
(4) Under rules
laid down by the Minister for Refugee, Immigration and Integration
Affairs, persons who enter for a final examination, cf. section 9(1)
of this Act, without being enrolled in the module leading to the
examination may be charged a fee.
15.
(1) The state shall grant subsidies to the local council expenses for
Danish courses for students who do not fall within the scope of the
Integration Act or have been referred to a Danish course by the
public employment service as part of activation.
(2) The subsidy
under subsection (1) hereof amounts to DKK 33 per scheduled lesson.
The amount has been fixed at the 2003 price and salary level and will
be adjusted once a year as from 2004 by the rate adjustment
percentage, cf. the Act on a Rate Adjustment Percentage.
(3) The Minister
for Refugee, Immigration and Integration Affairs may lay down more
detailed rules on calculation of the number of scheduled lessons and
payment and calculation of subsidies, authorisation of payment of
subsidies, presentation of accounts and audits.
Part 6
Other
provisions
16.
(1) Teachers
giving Danish lessons shall have the professional and educational
qualifications necessary to teach adult aliens.
(2) The Minister
for Refugee, Immigration and Integration Affairs shall lay down rules
on teacher qualifications.
17.
The Minister for
Refugee, Immigration and Integration Affairs may deviate from the
rules of sections 3, 4, 9 and 10 of this Act in so far as this is
deemed expedient in order to promote experimental and development
work within the scope of this Act.
18.
(1) The local
council and the providers shall provide and disclose to the Minister
for Refugee, Immigration and Integration Affairs such information,
including statistical information, as the Minister might demand on
the Danish courses. The Minister for Refugee, Immigration and
Integration Affairs may lay down rules in this respect, including on
the form in which the information is to be provided.
(2) The local
councils may procure such information from the providers as is
necessary to perform their tasks under this Act.
(3) The Minister
for Refugee, Immigration and Integration Affairs may lay down rules
on the procurement, recording and disclosure of students' civil
registration numbers, including the form in which the information
must be provided.
19.
By agreement with a local council, the providers may perform other
integration tasks than Danish courses under this Act, including
arrangement of traineeships and jobs for students. The Minister for
Refugee, Immigration and Integration Affairs may lay down more
detailed rules in this respect, including on the option for providers
of Danish courses of offering courses in other subjects than Danish
as part of the integration effort.
20.
(1) Complaints
on the decisions of a teacher and the external examiner in connection
with examinations, and complaints on matters in connection with the
examination may be submitted by the examinee to the examining
provider who is approved to conduct examinations under rules laid
down pursuant to section 9(4) of this Act.
(2) The examining
provider's decisions under subsection (1) hereof may be appealed to
the Minister for Refugee, Immigration and Integration Affairs.
(3) The Minister
for Refugee, Immigration and Integration Affairs shall lay down more
detailed rules on time limits for complaints and appeals and the
processing thereof.
Part 7
Entry
into force, and interim provisions
21.
(1) This Act
enters into force on 1 January 2004.
(2) The Act on
Teaching Danish as a Second Language for Adult Foreigners and others,
and Language Centres, cf. Consolidation Act No. 975 of 25 October
2000, and Act No. 423 of 31 May 2000 on Subsidies for Teaching Danish
as a Second Language for Adults are repealed with effect from 1
January 2004.
(3) Aliens who have
received lessons before 1 January 2004 may complete the course
commenced within a period not exceeding three years from 1 January
2004, cf. section 2(1), second sentence, of this Act.
(4) Section
15 has no effect after 31 December 2006.
22.
This Act does
not apply to the Faeroe Islands and Greenland.
