CONCEPT OF DRAFT BILL "ON EDUCATION"

 ANALYSIS OF CHALLENGES OF EDUCATION

Threats and Risks

The world is very dynamic. Defining features of leading states include the use of the latest technology and knowledge economy. The level of education in the country determines its future for generations to come.

Ukrainian education can nowadays be described with the following trends:

1) Decrease in the qualitative indicators of mass education, first of all secondary and higher education, while maintaining a relatively high level of professional education in some educational institutions;

2) The gap between the educational system and labor market needs;

3) Decrease in competitiveness of education in the European and Global educational areas.

Modern technologies of educational measurement, monitoring of education, quality assurance are slowly developing in Ukraine.

This state of education creates a threat of further drop in the quality of education, reduced efficiency of research and, as a result, economic stagnation and increasing lag behind the leading countries.

The main reasons for the negative trends in Ukrainian education are:

1. Cumbersome system of education management, which causes such negative effects as:

1.1. Decrease in the motivation of teachers to act creatively and productively;

1.2. Slow development and introduction of innovative technologies and methodologies of education, slow modernization of curriculum;

1.3. Lack of fair criteria for quality evaluation;

1.4. Lack of fair competition in the education system;

2. Insufficient funding of education and science, effects of which are compounded by inefficient use of available resources;

3. Restrictions on freedom of teaching and scientific work;

4. Restrictions on the right of choice for learners;

5. Restrictions on the right to choose forms of education and educational institutions for learners, based on social origin, economic status, religion, place of residence and health.

These disadvantages are caused, among other, by the absence of clear state policy in the field of education and inadequate legal regulation, in particular the lack of legal certainty in education legislation.

Cumbersome and unbalanced system of education has the following drawbacks:

1) Absence of political and legal responsibility of the authorities and officials for lack of financial and material support of education;

2) Importance of the administrative efforts of government was moved in the direction of administrative interference in the content and process of education;

3) The public is removed from the education management; it plays the role of passive mute to support governmental decisions;

4) Ukraine does not fulfill its international obligations in the field of education; as a result, Ukrainian education system remains far behind the European one.

AIMS AND OBJECTIVES OF REFORMS IN EDUCATION LEGISLATION

The purpose of the draft law is the regulation of social relations in education according to the actual needs of the society, carrying out priority reforms in the education system, establishing a legal framework for the development and improvement of the education system that will ensure the full development of human personality and the highest value of society, its instincts and inclinations, mental and physical abilities, gaining social values ​​and education of high moral character, forming citizens able and willing to make a deliberate choice, enrichment of the basis of intellectual, artistic and cultural potential of the Ukrainian people, sustainable development of human society, state, training qualified specialists for all spheres of public life.

The main objectives of the draft law:

1) Ensuring the constitutional rights of citizens to quality education at all levels; creating conditions for lifelong education entities.

2) Providing high quality education based on the objective monitoring of the results of educational activities and fair competition in the education system;

3) Creating a proper connection between the labor market and the system of vocational and higher education;

4) Reduction of the educational struscture in line with international standards.

PRINCIPLES OF THE DRAFT LAW

1. Draft law shall establish the rule of law in education. In particular, the following elements of the rule of law must be provided:

a. Legal certainty

b. Human rights priority

c. Strict regulation of authority and means to implement them by educational management authorities.

2. Draft law should provide opportunity for educational reforms.

3. Implementation of public forms of education system management. Less bureaucratic system of the education system management. Priority of educational and scientific community in determining the content of education.

4. Introduction of non-repressive means of ensuring quality of education. The introduction of an independent evaluation of the results of educational activities, qualification of teachers.

5. Extension of autonomous rights of education institutions and enhancing their responsibility for the results of educational activity.

6. The introduction of economic incentives for quality education; reform of the system of public fundind of education.

7. Provision of academic freedom for teachers and teaching staff.

8. Ensuring the right for lifelong education according to the needs of the individual, the adaptability of the education system to training, development features, abilities and interests of a person.

9. Ensuring the rights of children and adults for equal access to quality education, regardless of nationality, gender, social origin, economic status, religion, place of residence and health.

STRUCTURE OF THE DRAFT LAW

SECTION 1. GENERAL PROVISIONS

The main articles.

Article A. Scope of the Law. The Purpose of Education.

Article B. Types of Education.

Article C. Forms of Education.

Article D. Principles of Educational Activities.

Article E. State Educational Policy.

Article F. Language of Education.

Article G. The Structure of the Education System.

Article H. Subjects of Legal Relations in Education.

SECTION 2. REGULATORY FRAMEWORK OF EDUCATION

The main articles.

Article A. Legislation on Education

Article B. Subordinate Regulations in Education

SECTION 3. RIGHT FOR EDUCATION

The main articles.

Article A. Content of the Right for Education.

Article B. The Right to Obtain Education.

Article C. Equality of Access to Education.

Article D. The Right for Free Education

Article E. The Right for Pre-school Education

Article F. The Right for Secondary Education

Article G. The Right for Extracurricular Education

Article H. The Right for Vocational Education

Article I. The Right for Higher Education

Article J. The Right for Educational Activities

SECTION 4. RIGHTS AND OBLIGATIONS IN EDUCATION

The main articles.

Article A. The Rights and Obligations of Persons who Obtain Education

Article B. The Rights and Duties of Parents, Legal Representatives of Children, who are Obtaining Education

Article C. The Rights and Obligations of Persons Engaged in Educational Activities

SECTION 5. QUALIFICATION AND STATUS OF TEACHERS AND FACULTY

The main articles.

Article A. Qualification Levels of Teaching Staff

Article B. Certification of Teaching Staff

Article C. Independent eEvaluation of Learning Outcomes and Qualification of Teaching Staff

Article D. Salaries of Teachers and Faculty

Article E. Social Guarantees for Teachers and Faculty

Article F. Welfare and Financial Incentives for Teachers and Faculty, Who Work in Rural Areas and Townships.

SECTION 6. STRUCTURE OF EDUCATION.

The main articles.

Article A. The Structure of the Education System.

Article B. The Structure of Education. Educational Levels.

Article C. Academic and Professional Qualifications in Formal Education.

Article D. Recognition of Formal and Informaln Education Results.

SECTION 7. EDUCATION STANDARDS. DOCUMENTS ON EDUCATION.

The main articles.

Article A. State Standards of Education.

Article B. Non-state Standards of Education.

Article C. Professional Education Standards.

Article D. Instruments on Formal Education.

Article E. Documentation of Non-formal Education.

SECTION 8. EDUCATION AND TRAINING

The main articles.

Article A. National Qualifications System.

Article B. National Qualifications Framework.

Article C. Directory of Professional Qualifications.

Article D. State Standards.

Article E. Professional Standards.

Article F. Administration of the National Qualifications System.

Article G. Independent Assessment of Professional Qualifications

Article H. Recognition of Professional Qualifications Obtained Abroad

SECTION 9. EDUCATIONAL INSTITUTIONS.

The main articles.

Article A. Organizational Forms and Educational Institutions.

Article B. State and Municipal Educational Institutions.

Article C. Private Educational Institutions.

Article D. Interaction Between Educational Institutions.

Article E. Management of Educational Institutions.

Article F. Autonomy of Educational Institutions.

Article G. Responsibility of Educational Institutions.

SECTION 10. QUALITY ASSURANCE

The main articles.

Article A. Licensing of Educational Activities.

Article B. Educational Programs.

Article C. Accreditation of Educational Programs.

Article D. Monitoring the Quality of Education.

Article E. Independent Assessment of Learning Outcomes

SECTION 11. MANAGEMENT OF EDUCATION SYSTEM

The main articles.

Article A. Formation of State Policy in the Sphere of Education

Article B. Powers of the Cabinet of Ministers of Ukraine in Education

Article C. The Authority of the Central Executive Body in the Formation and Implementation of Public Policy in Education

Article D. Licensing and Accreditation Bodies

Article E. Expert Rrovision of the Education System

Article F. Powers of Local Executive Authorities

Article G. Powers of the Autonomous Republic of Crimea, Regional Councils, Kyiv and Sevastopol City Councils

Article H. Powers of the District Councils, City Councils (Regional Subordination)

Article I. Powers of District Councils, City Councils (Regional Subordination), Village Councils

Article J. Public Authorities in Education

SECTION 12. CONTROL IN EDUCATION SYSTEM

The main articles.

Article A. State Inspectorate of Education.

Article B. Powers of the State Inspectorate of Education.

Article C. Procedure of Inspection of Educational Institutions and Individuals Engaged in Educational Activities.

Article D. The Procedure of Using the Results of the Inspection.

Article E. Appeal Against the Inspection Results.

Article F. Public Self-government in the Educational System.

SECTION 13. PRESCHOOL EDUCATION

The main articles.

Article A. Purpose and Objectives of Preschool Education.

Article B. Preschool Age.

Article C. The System of Preschool Education.

Article D. Members of the Educational Process of Preschool Education.

Article E. Principles of Preschool Education

Article F. Forms of Preschool Education

Article G. Educational Programs of Preschool Educational Institutions.

Article H. Legal Status of Preschool Educational Institution.

Article I. The Autonomy of Preschool Educational Institution.

SECTION 14. GENERAL SECONDARY EDUCATION

The main articles.

Article A. Purpose and Objectives of Secondary Education

Article B. Structure and Duration of Complete Secondary Education

Article C. The System of Secondary Education.

Article D. Method of Obtaining Secondary Education.

Article E. Educational Programs of Secondary Education.

Article F. Public Standard of Secondary Education.

Article G. Secondary Education Quality Assurance.

Article H. General Education Institution.

Article I. Management of General Education Institution.

Article J. Autonomy of General Education Institution.

SECTION 15. VOCATIONAL EDUCATION

The main articles.

Article A. Purpose and Objectives of Vocational Education.

Article B. The Structure of Vocational Education.

Article C. Standards of Vocational Education.

Article B. Forms of Vocational Education.

Article C. Educational Programs of Vocational Education.

Article D. Vocational Education Institutions.

Article E. Autonomy of Vocational Education Institution.

SECTION 16. HIGHER EDUCATION

The main articles.

Article A. Purpose and Objectives of Higher Education

Article B. Levels of Higher Education.

Article C. Educational Programs of Higher Education.

Article D. Higher Education Institutions.

Article E. Autonomy of Higher Education Institutions.

Article F. Scientific Activity of Higher Education Institution.

SECTION 17. EXTRACURRICULAR EDUCATION

The main articles.

Article A. Purpose and Objectives of Extracurricular Education.

Article B. Forms of Extracurricular Education.

Article C. Educational Programs of Extracurricular Education

Article D. Extracurricular Education Institutions.

Article E. Extracurricular Education in General Educational Institutions.

SECTION 18. EDUCATION OF PERSONS WITH SPECIAL NEEDS

The main articles.

Article A. Ensuring Access to Education for Persons with Special Needs.

Article B. Inclusive Education and Educational Integration of Persons.

Article C. Special Educational Institutions for Persons with Special Needs.

Article D. Health Care and Rehabilitation in Educational Institutions.

SECTION 19. SPECIAL TYPES OF EDUCATION

The main articles.

Article A. Education for Gifted Children.

Article B. Religious Education.

Article C. Military Education.

SECTION 20. CONTINUING EDUCATION

The main articles.

Article A. State Policy Concerning the Educational Needs of the Individual. Continuing Education.

Article B. Postgraduate Education. The Purpose and Objectives of Postgraduate Education.

Article C. Forms of Postgraduate Education.

Article D. Postgraduate Education Quality Assurance.

Article E. Postgraduate Education Institution.

Article F. Postgraduate Education in Higher and Vocational Education Institutions.

Article G. Adult Education.

Article H. Licensing of Educational Activities in Continuing Education.

Article I. Accreditation of Educational Programs of Continuing Education.

SECTION 21. EDUCATION INFRASTRUCTURE

The main articles.

Article A. Composition of Educational Infrastructure.

Article B. Information Resources for Education.

Article C. Libraries for the Systems of Education.

Article D. Information Systems in Education.

Article E. Educational Identity Card.

Article F. Education Statistics.

Article G. Account of the Education Instruments.

Article H. Ensuring Privacy Rights in Education.

SECTION 22. EDUCATION ECONOMICS

The main articles.

Article A. Educational Services.

Article B. Sources of Funding of Education.

Article C. Public Funding of Education.

Article D. Charity in Education.

Article E. Material Basis of an Educational Institution.

Article F. Property Rights of Educational Institution.

Article G. Financial Autonomy of Educational Institution.

SECTION 23. THE SCIENTIFIC AND METHODOLOGICAL SUPPORT OF EDUCATION

The main articles.

Article A. Objectives of Scientific and Methodological Support of Education

Article B. Implementation of Scientific and Methodological Support of Education

Article C. Participation of Scientists in Educational Process

Article D. Research and Innovation Activities in Higher Education

Article E. Funding Research in the Field and for the Field of Education

SECTION 24. INTERNATIONAL COOPERATION IN EDUCATION

The main articles.

Article A. Promoting International Cooperation of Educational Institutions.

Article B. Participation in the International Surveys of Educational Quality.

Article C. International Exchanges for Learners.

Article D. International Exchanges for Teachers.

Article E. International Exchanges for Researchers.

Article F. Participation of Educational Institutions in the International Programs.