The reform of specialised secondary education raises practical questions for communities: how to act correctly in cases where the educational activities of general secondary schools are terminated (restricted) or expanded, and where the line lies between an administrative decision by the founder and the requirements of licensing legislation. The answers to these questions can be found in the harmonised application of the Law of Ukraine ‘On Education’, the Law of Ukraine ‘On Complete General Secondary Education’ and the Law of Ukraine ‘On Licensing of Economic Activities’, as well as the relevant Licensing Conditions.

The termination (restriction) or expansion of educational activities is the result of a combination of the founder’s management decision and the licensing procedure, which cannot be ignored.

1. Does the termination of educational activities at one or two levels of complete general secondary education restrict such activities?

The short answer is – most likely, yes, taking into account the provisions of the legislation, this is a narrowing of educational activities. Why “most likely”? Because the Licensing Conditions do not explicitly define the termination of part of educational activities exactly at a certain level within the framework of complete general secondary education; instead, there is a reference to narrowing the scope of educational activities in a specific location where such activities are conducted. It would therefore be reasonable to clarify the relevant provisions on the termination of educational activities specifically within the levels of complete general secondary education in the Licensing Conditions in the future.

Therefore, if a lyceum terminates, for example, the provision of educational activities at the level of primary education, this constitutes the termination of part of its educational activities. To do this, the licensee submits an application for the restriction of educational activities.

2. “Adding” a new level of education: is this an expansion of educational activities?

Technically, yes. If a lyceum that has previously operated only at the level of specialised secondary education plans to introduce general secondary education as well, this constitutes an expansion of its educational activities.

But the logic here is simple: unless a lyceum has the right to do so, it CANNOT start teaching.

The law clearly states that educational activities are subject to licensing (Article 43 of the Law of Ukraine ‘On Education’).

Licensing aspect:

• in this case, the procedure for expanding licensed activities applies;

• in practice, this means going through the procedure on the general grounds for licensing;

• without a corresponding decision by the licensing authority and the reregistration of the licence, the provision of educational services at a new level is impossible.

What this means in practice:

• it is not enough to simply adopt a decision to expand educational activities;

• the institution is required to demonstrate that it is capable of providing educational services at other levels of complete general secondary education:

  • there are teachers;

  • there are classrooms;

  • there is an educational environment.

Only then can changes be made to the licence.

An important aspect. The legislation does not specify who exactly is responsible for taking decisions on expanding educational activities in general secondary education institutions. In our view, this should be the founder. After all, the founder is obliged to ensure the maintenance and development of the educational institution they have established, and its material and technical base, at a level sufficient to meet the requirements of state standards and the Licensing Conditions for the Conduct of Educational Activities in General Secondary Education (Part 3 of Article 37 of the Law of Ukraine ‘On General Secondary Education’). Based on this decision, the licensee, which is a general secondary education institution, applies to the licensing authority to expand its educational activities.

3. Temporary termination of specialised secondary education: can the status of a lyceum be retained?

The most sensitive issue for communities is whether a lyceum can temporarily stop providing specialised secondary education whilst formally remaining a lyceum.

For example: there are not enough students, so the “specialised component” of complete general secondary education is “put on hold”.

This is where the temptation arises: to change nothing formally, to just “wait it out”.

But the law stipulates otherwise.

Key aspect:

• the type of general secondary education institution is determined by the level of education it provides;

• a lyceum is an institution that provides specialised secondary education.

Therefore:

• if activities at this level are terminated, even temporarily, there is a risk that the type of institution will no longer correspond to its real educational activities;

• the founder’s decision to terminate educational activities at this level without changing the type of institution is legally flawed.

An important aspect. Clauses 20 and 21 of the Licensing Conditions permit the development of a procedure to be followed in the event of the unscheduled termination of educational activities at a specific level of education, in a specific field of education, or at specific locations where such activities are conducted due to force majeure. This provides grounds for the temporary suspension of specialised education without changing the type of institution; however, to protect lyceums from legal vulnerability, this mechanism requires clear legislative support.

The role of the local education authority:

• to prevent situations of formal non-compliance;

• to plan in advance:

  • either a change in the type of lyceum (for example, to a gymnasium);

  • or the restoration of the capacity to provide specialised secondary education (staff, student numbers, infrastructure);

• to take into account that such decisions have long-term consequences for the network of institutions and students’ access to education.

What this means for communities in practice

In a situation like this, there are only two reasonable scenarios:

1. Restore the capacity

• make efforts to ensure that the institution has enough students,

• build a network of educational institutions that is really capable,

• provide institutions with qualified staff.

2. Or change the type of institution

• for example, “transform” a lyceum into a gymnasium.

All other options are simply attempts to circumvent the system, which usually cause more problems than solutions.

The termination (restriction) and expansion of educational activities should be synchronised with licensing procedures; failure to do so creates risks for the effective functioning of the institution.

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