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Legislation for better qualifications: support or obstacle?

Instructions: Mark the appropriate coloured circle:

● yes/to a significant extent   ● more or less/partially   ● no/needs to be initiated

General

Have you mapped:

1. Existing legislation in the field of education and training?

2. Existing labour market legislation?

3. Existing and planned legislation for qualifications reform?
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For reflection:

  • What are the relevant laws for qualifications reform in your country?
  • To what extent is existing legislation, or a lack of legislation, an obstacle for qualifications reform?

Key functions

Do (new) laws for qualifications reform regulate:

1. Purposes and principles?

2. Institutional arrangements and resources?

3. Involvement of stakeholders?
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Are the following aspects of qualifications regulated:

1. Development of qualifications?

2. NQF?

3. Quality Assurance mechanisms?

4. Validation of non-formal and informal learning (VNFIL)?

5. Recognition of qualifications?
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For reflection:

  • Are the NQF functions listed above essential for qualifications reform in your country?
  • Can regulating these functions be used to empower actors rather than control them? How?

Legislative process

Are new laws being drafted (or existing laws adapted) in order to improve the relevance and quality of qualifications?

Are new laws (or adaptations of existing laws) based on a national strategy for qualifications reform?
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For reflection:

  • When drafting new legislation or adapting existing legislation, how do you ensure that related legislation is aligned?
  • How can you accelerate a legislative process that is necessary for qualifications reform?
  • What issues need parliamentary approval, and what are more technical issues that government can regulate?

Stakeholder involvement in the legislative process

Are stakeholders involved in drafting of new legislation?

Is stakeholder involvement in planning, design and implementation of qualifications reform clearly regulated by the existing legislation?

Is stakeholders involvement in planning, design and implementation of qualifications reform stimulated in the current legislation?
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For reflection:

  • How do you consult stakeholders when drafting new laws on qualifications?
  • Can you improve stakeholder involvement by regulating it? How?
  • How some legislation perhaps hinder or exclude stakeholder involvement?
  • What are the most common obstacles to the involvement of stakeholders?

Implementation

Are laws for qualifications reform consistent with each other?

Are institutional arrangements for qualifications reform regulated?

Are primary laws supplemented with by-laws to regulate operational arrangements?

Are resources and institutional capacities to implement laws available?
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For reflection:

  • Are provisions of new laws in your country always implemented? If not, what are main obstacles and how could these be overcome?
  • How do you increase commitment when drafting new laws for qualifications reform?
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Roadmap - Burning issues
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