LAW OF UKRAINE

of January 16, 2020 No. 463-IX

About complete general secondary education

This Law determines legal, organizational and economic basis of functioning and development of system of general secondary education.

Section I General provisions

Article 1. Main terms and their determinations

1. For the purposes of this Law the specified terms are used in such value:

1) the safe educational circle - set of the conditions in organization of education excluding causing to participants of educational process of physical, property and/or moral harm, in particular owing to non-compliance with requirements of sanitary, fire protection and/or construction standards and rules, the legislation on cyber security, personal data protection, safety of foodstuff and/or provision of low-quality services in food, by physical and/or psychological abuse, operation, discrimination on any sign, humiliation of honor, advantage, goodwill (bulling (persecution), distribution of false data, etc.), promotion and/or propaganda, including with use of cyberspace, and also the alcoholic beverages excluding the use in the territory of organization of education, tobacco products, drugs, psychotropic substances;

2) state standards of complete general secondary education (further - state standards) - the documents determining total amounts of academic load of job seekers of primary, basic secondary profile secondary education, the requirement to their kompetentnost and to the obligatory results of training determined by the corresponding educational industries which shall be reached at appropriate level of complete general secondary education;

3) availability of complete general secondary education - set of conditions which promote satisfaction of educational needs of persons and provide to each person possibility of receipt of complete general secondary education according to state standards, including availability of enough educational institutions which provide free receipt of complete general secondary education, lack of discrimination on any sign or circumstances, rendering to pupils of support in educational process;

4) organization of general secondary education - the legal entity whose core activity are educational activities which are performed at the certain level (levels) of complete general secondary education;

5) organizations of education, providing complete general secondary education (further - organization of education), - the organization of general secondary education or organization of professional (professional), professional prehigher or higher education performing educational activities at the certain level (levels) of complete general secondary education;

6) the founder of organization of general secondary education (further - the founder) - public authority on behalf of the state, the relevant council on behalf of territorial community (communities), physical person and/or legal entity, the decision and at the expense of which property the organization of general secondary education is founded or otherwise according to the legislation were acquired the rights and the founder's obligations;

7) the model training program - the document determining the approximate sequence of achievement of the expected results of training of pupils, content of subject (the integrated rate) and types of educational activities of pupils, recommended for use in the educational process according to the procedure determined by the legislation;

8) the training program - the document which determines the sequence of achievement of results of training of pupils by subject (the integrated rate) the description of its content and types of educational activities of pupils with indication of approximate number of hours, necessary on their carrying out, and affirms faculty meeting of organization of education;

9) the educational program of organization of education - the document containing complex of the educational components planned and organized by organization of education for achievement by pupils of the expected results of training determined by the program which is developed and affirms according to this Law;

10) board - structural division of organization of education which provides accommodation and content of pupils according to the legislation;

11) pedagogical internship - system of the measures directed to support of the pedagogical employee of organization of the education appointed to position for the first time in implementation of pedagogical activities by it and acquisition (improvement) of his professional skill;

12) complete general secondary education - the set of results of training and the competences received by person at the levels of primary, basic secondary and profile secondary education systematized and provided by the corresponding state standards;

13) the standard of specialized education - the document containing requirements to competences and results of training which pupils of organizations of vocational education in the art, sports, military or scientific directions with simultaneous receipt of complete general secondary education according to state standards shall reach;

14) territorial availability - set of the conditions promoting providing the right of the child to receipt of quality complete general secondary education for means of the state and local budgets in the most available and close organization of education to its place of residence;

15) the servicing territory - the administrative and territorial unit (its part, certain houses) determined and assigned by relevant organ of local self-government or the body authorized by it to organization of education for providing the right of each child living in this territory on receipt of primary and/or basic secondary education in the most available and the organization of education which is brought closer to the place of residence of the child;

16) the standard educational program - the document containing complex of educational components which provide achievement by pupils of the results of training determined by state standard (the standard of specialized education) for appropriate level of complete general secondary education which affirms the central executive body in the field of science and education (for organizations of vocational education - the central executive bodies which sphere of management the relevant organizations of specialized education treat);

17) the standard curriculum - component of the standard educational program which determines the total amount of academic load at appropriate level (cycle) of complete general secondary education (in class periods), its recommended distribution by years of training between the subjects (integrated by the rates) obligatory for studying, the sequence of their studying, and also number of hours on studying of selective educational components, in particular, subjects, rates, the integrated rates;

18) pupils - persons enlisted in organizations of general average, professional (professional), professional prehigher or higher education which acquire primary, basic secondary or profile secondary education in any form;

19) cycle of educational process - component of level of complete general secondary education which considers general age features of development of pupils in the organization of their educational activities (educational process) and during education content forming;

20) quality of complete general secondary education - compliance of the results of training received by the pupil at appropriate levels of complete general secondary education, to state standards;

21) quality of educational activities - the level of the organization, providing and realization of educational process which provides persons of quality complete general secondary education at each level and conforms to the requirements established by the legislation.

2. Other terms are used in this Law in the values given in the Law of Ukraine "About education" and other laws.

3. Provisions of this Law concerning parents extend also to other legal representatives of pupils. Parents, other legal representatives of pupils realize relevant provisions of this Law concerning persons which did not reach age of majority and also according to the legislation concerning persons whose capacity to act is limited.

Article 2. Legislation of Ukraine on general secondary education and its main objectives

1. The legislation of Ukraine on general secondary education consists of the Constitution of Ukraine, the Law of Ukraine "About education", this Law, other acts of the legislation in the field of science and education and international treaties of Ukraine signed in the procedure established by the law.

2. The main objectives of the legislation of Ukraine on general secondary education are:

regulation of the public relations arising in implementation process of the right of person to senior secondary education;

providing right of person to availability and free of charge receipt of complete general secondary education;

providing necessary operating conditions and development of system of general secondary education;

ensuring obligation of receipt of complete general secondary education by citizens of Ukraine;

quality assurance of complete general secondary education and quality of educational activities;

determination of structure and content of complete general secondary education;

determination of governing bodies in the field of general secondary education and their powers;

determination of the rights and obligations of participants of educational process;

establishment of responsibility for violation of the legislation of Ukraine on general secondary education.

Article 3. System of general secondary education

1. The system of general secondary education consists of content of complete general secondary education at each its level, network of organizations of education, participants of educational process, personnel, financial, scientific and methodical, resource and normative legal support of educational and management activity in the field of general secondary education.

2. The system of general secondary education functions for the purpose of providing:

all-round development, training, education, detection of talents, the aspiration to self-improvement and education throughout life has socialization of the personality who is capable to life in society and to civilized interaction with the nature, it is ready to the conscious vital choice and self-realization, responsibility, labor activity and civil activity, careful attitude to family, the country, the environment, the direction of the activities on advantage to other people and society;

forming at pupils of the kompetentnost determined by the Law of Ukraine "About education" and state standards.

3. State policy and educational activities in the field of general secondary education are based on the bases and the principles determined by the Law of Ukraine "About education".

Article 4. Levels, terms and forms of receipt of complete general secondary education

1. Complete general secondary education is acquired at such levels:

primary education - the first level of complete general secondary education which assumes accomplishment by the pupil of the requirements to results of training determined by state standard of primary education;

basic secondary education - the second level of complete general secondary education which assumes accomplishment by the pupil of the requirements to results of training determined by state standard of basic secondary education;

profile secondary education - the third level of complete general secondary education which assumes accomplishment by the pupil of the requirements to results of training determined by state standard of profile secondary education.

2. In organizations of education:

primary education is acquired within four years;

basic secondary education is acquired within five years;

profile secondary education is acquired within three years.

Duration of receipt of complete general secondary education at each its level can be changed (is increased or reduced) depending on form of education, results of training and/or individual educational trajectory of the pupil.

Duration of receipt of complete general secondary education at each its level persons with special educational needs in organizations of general secondary education is established by the Cabinet of Ministers of Ukraine.

3. Complete general secondary education can be acquired on internal (day), remote, network, eksternatny, family (house) to forms or form of pedagogical patronage, and also in internal (evening), correspondence forms (at the levels of basic and profile secondary education). Profile secondary education of the professional direction can be acquired in dual form of education.

Regulations on forms of receipt of complete general secondary education affirm the central executive body in the field of science and education.

Article 5. Education language in organizations of general secondary education

1. Language of educational process in organizations of general secondary education is the state language.

Everyone who acquires complete general secondary education in organization of education studies in this organization at state language according to state standards.

2. The right to complete general secondary education in state language in the public, utility and corporate institutions of education which is provided by the organization of teaching all subjects (the integrated rates) in state language, except the cases determined by this Law is guaranteed to each pupil.

3. The right to learn language of the corresponding indigenous people or ethnic minority in the public, utility and corporate institutions of general secondary education or through national cultural societies is guaranteed and provided to persons who belong to indigenous people or ethnic minorities of Ukraine.

4. Persons belonging to indigenous people of Ukraine have the right to get the complete general secondary education in the public, utility or corporate educational institution in language of the corresponding indigenous people along with state language.

5. Persons belonging to ethnic minorities of Ukraine have the right to get primary education in the public, utility or corporate institution of education in language of the corresponding ethnic minority along with state language.

6. Persons belonging to ethnic minorities of Ukraine which languages are official languages of the European Union and exercise the right to training at the corresponding languages in the public, utility or corporate educational institutions, receive:

basic secondary education in state language of at least 20 percent of annual amount of school hours in the 5th class with annual increase in such amount (at least 40 percent in the 9th class);

profile secondary education in state language of at least 60 percent of annual amount of school hours.

Persons who belong to other ethnic minorities of Ukraine receive in the public, utility or corporate educational institutions basic and profile secondary education in state language of at least 80 percent of annual amount of school hours.

The list of subjects (the integrated rates) studied in state language and in language of ethnic minority is determined by the educational program of organization of education according to requirements of state standards and taking into account features of the language circle.

7. The right to training at language of indigenous people or ethnic minority of Ukraine along with state language is implemented in the separate classes with training at the corresponding language opened according to requirements of this Law.

8. The right to training at the Ukrainian sign language and to studying of the Ukrainian sign language is provided to persons with hearing disorder.

9. Educational programs of organizations of general secondary education can provide teaching one or several subjects (the integrated rates) along with state language on English or other official language of the European Union.

10. The private institutions of education providing complete general secondary education for means of physical persons and/or legal entities have the right of the free choice of language of educational process (except the organizations of education receiving public means) and shall provide mastering pupils state language according to state standards.

11. The state promotes creation and functioning abroad of organizations of general secondary education in which training is performed in Ukrainian or Ukrainian is learned.

Section II Availability of Complete General Secondary Education

Article 6. Right to complete general secondary education

1. In Ukraine equal conditions for receipt of complete general secondary education are created.

2. Availability and quality of complete general secondary education is provided to everyone.

3. To each child irrespective of the bases of its stay in Ukraine free obtaining in the public and utility educational institutions of complete general secondary education at each its level at the expense of means state and local budgets once during life is guaranteed to each citizen of Ukraine, other persons who are in Ukraine on legal causes and also.

4. Receipt of profile secondary education is guaranteed in the academic or professional directions. Receipt of profile secondary education in any direction does not limit the right of person to its change, and also to education at other education levels.

5. Foreigners and persons without citizenship get the complete general secondary education in Ukraine according to the legislation and/or international treaties of Ukraine.

Article 7. Prohibition of discrimination in the field of general secondary education

1. There cannot be restrictions in access to receipt of complete general secondary education.

2. The right to complete general secondary education is guaranteed irrespective of age, sex, race, skin color, the state of health, disability, special educational needs, nationality, nationality, political, religious or other convictions, the place of residence, language of communication, origin, family, social and property condition, difficult vital circumstances, criminal record availability, and also other circumstances and signs.

3. Establishment by acts of the legislation, the special rules and/or taking measures providing possibility of receipt of complete general secondary education, including providing reasonable adaptation is not considered discrimination.

4. Any participant of educational process shall not be exposed to any forms of discrimination, including any restrictions in educational process or in the right to participate in the events held in organization of education including based on provision or failure to provide the charitable help of education to organization.

Article 8. Ensuring territorial availability

1. Territorial availability of complete general secondary education is provided within powers by public authorities and local government bodies in the way:

forming and contents of network of organizations of education, including basic, their structural divisions (branches);

functioning of the interschool resource centers;

fixing of the territory of servicing to utility organizations (their structural divisions) providing primary and/or basic secondary education;

transportation of pupils and pedagogical workers in organizations of education and in the opposite direction;

creations and contents of boards;

assistance to implementation taking into account the choice of parents of children or persons who reached age of majority, different forms of receipt of complete general secondary education, their providing and support and so forth.

2. Each child has the right to primary and basic secondary education in the most available and brought closer to the place of residence organization of education (its structural division).

The child's right to receipt of primary and basic secondary education in utility organization of education (its structural division) to which the servicing territory in which the child lives is assigned, is guaranteed that does not limit the right of parents of the child or person who reached age of majority to choose other organization of education according to the legislation.

For proper and effective determination and fixing to educational institution of the territory of servicing local executive bodies or local government bodies record children of preschool and school age, consider capability of each organization of education and demographic situation in the corresponding territory and, in case of need, provide creation of additional classes. At the same time the quantity of classes of elementary school shall provide primary education all children living in the territory of servicing of the relevant organization of education.

3. The territory of servicing is fixed for:

organizations of general secondary education which provide exclusively profile secondary education;

the organizations of professional (professional), professional prehigher and higher education providing profile secondary education;

public, private and corporate institutions of education;

organizations of specialized education;

special facilities of general secondary education.

The territory of servicing can not be assigned to organizations of general secondary education which features of educational activities are defined by international treaties of Ukraine.

4. Receipt of complete general secondary education by person who is on hospitalization and/or which is given rehabilitation help in healthcare institution specially authorized public institution, organizations of general secondary education, their branches to which founders assign healthcare institution, or other organizations of education, their branches, in particular, in the territory of healthcare institution (at the choice of parents of the child or person who reached age of majority, and in coordination with administration of organization of education), by creation of additional classes provide, determinations of form of education, approval of the individual curriculum or other determination of education method, optimum for the child, with use of rooms, the equipment, other material and technical resources of the relevant healthcare institution.

5. Transportation in organizations of education (the place of training, work) and in the opposite direction (to the place of residence) pupils and pedagogical workers is provided by local government bodies at the expense of local budgets with the school buses including which are specially equipped for transportation of persons with violation of sight, hearing, the musculoskeletal device and other handicapped national groups. Transportation by other transport (including with previously determined stops) can be performed provided that the number of the pupils and pedagogical workers needing such transportation does not exceed 8 people.

Article 9. Ensuring equal access to receipt of complete general secondary education

1. Equal access to receipt of complete general secondary education is provided in the way:

determinations of rules of reference of organizations of education;

transfers in elementary school and gymnasium without carrying out tender, except the cases determined by the legislation;

territorial availability of complete general secondary education;

financings of organizations of education at the expense of means state and local budgets in the amount sufficient for accomplishment of state standards and licensed conditions;

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