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Parents have the right to choose the form of education for their children: what you need to know

Надія Лещик
Надія Лещикhttps://eo.gov.ua/
Education Ombudsman | Protects the rights of participants in the educational process, proposes and persistently advocates for educational changes at the state level, including changes to legislation, in order to protect the rights and development of Ukrainian education.

From time to time, I receive complaints from parents about being forced to choose one form of education or another for their children, and sometimes the students themselves contact me. In their appeals, the applicants report that educational institutions refuse to organise education in the form chosen by the child or their parents (distance learning, home schooling, external studies, etc.), or, for unfounded reasons, in particular due to the location of the children, they stop organising education in a certain form.

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Why the issue is becoming more acute before the school year

This issue becomes particularly relevant before the start of the school year. Schools begin to prepare for it, and parents and students usually choose a convenient form of education during this period. Accordingly, the process of enrolment, expulsion of students or their transfer from one educational institution to another or from one form of education to another is most intense. Therefore, I would like to remind parents of a few important points.

The right to freely choose the form of education

I would like to emphasise that current legislation, namely Part 2 of Article 55 of the Law of Ukraine “On Education”, stipulates that parents of students have the right to choose the educational institution, educational programme, and type and form of education for their children.

Similarly, Part 1 of Article 53 of the Law of Ukraine “On Education” stipulates that students have the right to an individual educational trajectory. This is implemented, in particular, through the free choice of types, forms, and pace of education, educational institutions and the educational programmes they offer, academic disciplines and their level of complexity, methods and means of teaching.

A person has the right to obtain education in various forms or by combining them.

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What are the forms of education?

I would like to remind you that complete general secondary education can be obtained through full-time (day), distance, online, external, family (home) forms or through pedagogical patronage, as well as through full-time (evening) and part-time forms (at the levels of basic and specialised secondary education). Specialised secondary education of a professional nature can be obtained through dual education (Part 3 of Article 4 of the Law of Ukraine “On Complete General Secondary Education”).

How the form of education is chosen

As a rule, the choice of form of education is made by the parents expressing their will and submitting a corresponding application. Some forms of education have conditions regarding age, the level of education the child is receiving, their academic achievements, state of health, etc.

More details about these conditions can be found in the provisions on forms of obtaining complete secondary education, which are approved by the Ministry of Education and Science of Ukraine:

  • Regulations on institutional and dual forms of obtaining complete general secondary education (Order of the Ministry of Education and Science of Ukraine No. 536 of 23 April 2019 (as amended by Order of the Ministry of Education and Science of Ukraine No. 160 of 10 February 2021);
  • Regulations on distance learning for complete secondary education (Order of the Ministry of Education and Science of Ukraine No. 1115 of 8 September 2020);
  • Regulations on individual forms of obtaining complete general secondary education (Order of the Ministry of Education and Science of Ukraine No. 8 dated 12 January 2016 (as amended by Order of the Ministry of Education and Science of Ukraine No. 160 dated 10 February 2021).

Information about the forms of education provided by educational institutions is published on their websites (if they do not have websites, then on the websites of the founders of the educational institutions).

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What parents should consider

When choosing a specific form of education for their child, parents need to understand the differences between them, how the educational process is organised in each form, how learning outcomes will be assessed and educational qualifications awarded. They also need to know who is responsible for ensuring that children receive an education that meets minimum educational standards.

Therefore, parents should consciously approach the issue of choosing a form of education, taking into account the availability of conditions at the institution for full-time education or the ability to organise the educational process on their own and meet the individual needs of the child.

The website of the Education Ombudsman provides a brief overview of the main features of specific forms of education: https://bit.ly/41byi95.

It is important that representatives of educational institutions assist parents in making informed choices, in particular by providing the necessary information or advice. At the same time, it is unlawful to oblige parents to transfer their child to a specific form of education, to exert pressure on them in this regard, or to issue ultimatums. There should be a partnership between the educational institution and parents to ensure the best interests of the child.

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