5. Access to quality education for children with special educational needs

5. Access to quality education for children with special educational needs

In accordance with Part 3 of Article 26 of the Law, the functioning of the internal system of quality assurance of education is ensured by the head of the educational institution within the powers granted to him by the Law. The Law does not contain any transitional provisions that delay the introduction of an internal quality assurance system in educational institutions, which requires every head of an educational institution to organize the development of such a system now.

5. Access to quality education for children with special educational needs

The issue of ensuring access to quality education for children with special educational needs is one of the priorities of the state sphere of education. Pursuant to Part 6 of Article 3 of the Law, the state creates conditions for education of persons with special educational needs taking into account individual needs, opportunities, abilities and interests, as well as ensures identification and elimination of factors hindering the realization of rights and meeting the needs of such persons.

The Law defines such new concepts as “individual development program”, “inclusive education”, “inclusive educational environment”, “smart adaptation”, “universal design in the field of education”, etc. Articles 19 and 20 and a number of other provisions of the Law systematically regulate the issue of obtaining quality education for children with special educational needs, in particular through the creation of inclusive and / or special groups and classes. If a person with special educational needs or his or her parents applies, such a group or class must be formed.

According to paragraph 31 of Article 48 of the Law of Ukraine “On General Secondary Education” the Cabinet of Ministers of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city state administrations and local governments are instructed to ensure by September 1, 2018:

change of the type of subordinate boarding schools (except for secondary education institutions for children with intellectual disabilities) to a gymnasium, lyceum in accordance with the requirements of this Law with preservation of boarding schools with partial or full maintenance of students (pupils) at the expense of the founder (founders). Termination of boarding schools as a part of such institutions is possible only after the issue of obtaining education and / or receiving appropriate social services at the place of their residence (registration) or place of residence (registration) of their parents is resolved in accordance with the established procedure; creation of regional (urban – y cities of Kyiv and Sevastopol) resource centers to support inclusive education, as well as district, city (district in cities) inclusive resource centers, including in the united territorial communities, by reorganizing the existing network of psychological and medical -pedagogical consultations.

Please note that the Government Resolution of July 12, 2017 No. 545 already approved the Regulation on the Inclusive Resource Center, taking into account the wording of paragraph 3¹ of Article 48 of the Law of Ukraine “On General Secondary Education” to this Regulation will be amended accordingly. Also, paragraph 2 of this Government Resolution recommended that local governments and local executive bodies, in accordance with the Regulations approved by this Resolution, establish within two months inclusive resource centers, as well as regional, Kyiv and Sevastopol city resource centers to support inclusive education by reorganizing psychological -medical and pedagogical consultations.

6. Licensing of educational activities of educational institutions

The Law of Ukraine “On Licensing of Economic Activities” of March 2, 2015 introduced licensing of educational activities of educational institutions (paragraph 6 of part 1 of Article 7). According to the changes made to this provision by the Law, educational activity is licensed taking into account the features determined by special laws in the field of education.

According to Part 2 of Article 43 of the Law of Ukraine “On Education” educational activities are carried out on the basis of a license issued by the licensing authority in accordance with the law:

for institutions of higher, postgraduate, professional higher, professional (vocational) education – the Ministry of Education and Science of Ukraine; for preschool and general secondary education institutions – by the Council of Ministers of the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city state administrations.

According to sub-clause 6 of clause 3 of section XII “Final and Transitional Provisions” of the Law “State and municipal institutions of preschool and general secondary education system, effective on the day of entry into force of this Law, receive a license without licensing procedure. Educational institutions of all forms of ownership created after the entry into force of this Law shall be licensed on a general basis. “

According to paragraph 2 of part 1 of Article 8 of the Law of Ukraine “On General Secondary Education”, the educational institution conducts educational activities at a certain level of general secondary education, subject to the relevant license issued in the manner prescribed by law. According to Part 3 of Article 9 of this Law, the acquisition of general secondary education can also be provided by vocational (vocational), professional higher, higher education and other educational institutions, in particular interschool resource centers (interschool training and production plants) licensed to conducting educational activities in the field of general secondary education.

Part 3 of Article 11 of the Law of Ukraine “On Preschool Education” also states that a preschool institution carries out its activities in the presence of a license for the right to conduct educational activities in the field of preschool education, issued in the manner prescribed by the legislation of Ukraine.

Therefore, all state and municipal institutions of the preschool and general secondary education system must obtain without a licensing procedure in the regional or Kyiv city state administrations licenses to conduct educational activities at all levels of education at which they conduct relevant educational https://123helpme.me/buy-compare-and-contrast-essay/ activities.

Relevant state bodies must ensure the issuance of such licenses (separately for each level of education, as defined in Part 2 of Article 10 of the Law) without a licensing procedure and inform educational institutions about the date and procedure for obtaining licenses. In order to comply with the relevant provisions of the Law, we recommend that the oblast and Kyiv city state administrations, as licensing bodies of preschool and general secondary education institutions, take appropriate decisions and publish them on official websites.

Please note that the licensing of out-of-school education institutions is not required by law. At the same time, according to Part 1 of Article 10 of the Law, out-of-school education is an “integral part of the education system”, as evidenced by many other provisions of the Law that require the state and local governments to form, maintain and develop a network of out-of-school institutions. , cultural, spiritual needs and requests of the population ”(part 6 of Article 14 of the Law), and appropriate“ financing from the state and / or local budgets in the manner prescribed by law ”(part 2 of Article 4 of the Law ).

7. Certification of educational institutions

According to Part 2 of Article 19 of the Constitution of Ukraine, public authorities and local governments, their officials are obliged to act only on the basis, within the powers and in the manner prescribed by the Constitution and laws of Ukraine.

The Law of Ukraine “On Education” amended the Laws of Ukraine “On Preschool Education”, “On General Secondary Education” and “On Extracurricular Education”, including the powers of the relevant local governments. In particular, the list of these powers excludes the authority to certify the relevant educational institutions. Certification of an educational institution as a form of state supervision (control) is also excluded from the Laws.

Thus, the certification of educational institutions no longer belongs to the powers of the relevant authorities and does not exist as a form of state supervision (control) or a tool for ensuring the quality of education. Accordingly, the certification is unfounded and there are no legal consequences.

In this regard, the Procedure for state certification of preschool, secondary, out-of-school educational institutions, approved by the order of the Ministry of Education and Science of Ukraine dated January 30, 2015 No. 67, registered in the Ministry of Justice of Ukraine on February 14, 2015. for No. 173/26618, will be declared invalid.

At the same time, another planned measure of state supervision (control) will be introduced in the system of general secondary education – institutional audit, the content and features of which are defined by Article 45 of the Law of Ukraine “On Education”.

8. Management of an educational institution

In accordance with Part 2 of Article 24 of the Law, the management of an educational institution within the powers defined by the laws and constituent documents of this institution is carried out by:

founder (founders); head of an educational institution; collegial governing body of the educational institution; collegial body of public self-government; other bodies provided by special laws and / or constituent documents of the educational institution.

The rights and responsibilities of the founder (founders) of an educational institution are defined in Article 25 of the Law, as well as in many other provisions of the Law, in special laws “On Preschool Education”, “On General Secondary Education”, “On Extracurricular Education”, “On Vocational Education”. -technical education “,” On higher education “) and other laws of Ukraine.

According to paragraph 7 of part 1 of Article 1 of the Law, the founder of an educational institution is a public authority on behalf of the state, the relevant council on behalf of the territorial community (communities), a natural and / or legal person whose decision established the educational institution. another way in accordance with the law acquired the rights and responsibilities of the founder.

Given the above, all the powers of the founders of public educational institutions, defined by the Law of Ukraine “On Education” and special laws in the field of education, perform the relevant councils, specific powers and responsibilities of which are also defined in Article 66 of the Law.

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