Publication date: 29.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Reforming and optimizing the education system in Ukraine has been ongoing for many years. This includes, among other things, changes in the structure of school education, specifically the possibility of disbanding 11th grade classes in general secondary education institutions. The question of whether an 11th grade class can be disbanded in a general secondary education institution is relevant and requires a detailed examination from the perspective of legislation, educational policy, and students' rights.
Legislative Framework
The primary document regulating the activities of general secondary education institutions in Ukraine is the Law of Ukraine "On Education" (2017). According to this law, education in Ukraine is mandatory until a student reaches adulthood. The law also stipulates that general secondary education is divided into primary, basic secondary, and specialized secondary education.
According to part 3 of Article 6 of this law, complete general secondary education consists of three levels: primary education (grades 1-4), basic secondary education (grades 5-9), and specialized secondary education (grades 10-11 (12)). This means that general secondary education institutions are obligated to provide education at all three levels, including specialized secondary education.
Requirements for the Functioning of the 11th Grade
The Law of Ukraine "On General Secondary Education" establishes that educational institutions must ensure the opportunity for students to obtain a complete general secondary education. According to Article 13 of this law, the network of classes, including 11th grades, is formed taking into account the demographic situation, and the needs of students and their parents.
Disbanding a class, including the 11th grade, is possible only in the case of a justified necessity and the availability of alternative options for students to continue their education. Specifically, this can be ensured by transferring students to another educational institution where there is an appropriate class or by creating groups for distance or individual learning.
Rights of Students and Parents
An important component when deciding whether to disband an 11th-grade class is the rights of students and their parents. According to the Constitution of Ukraine, everyone has the right to education. This right is specified in the Law "On General Secondary Education," which guarantees the continuity of the educational process for each student. Parents have the right to demand that educational institutions create appropriate conditions for their children's education.
The decision to disband an 11th-grade class can be challenged by parents through administrative or judicial procedures if they believe that it violates their children's right to obtain a complete general secondary education. Therefore, each such decision must be carefully considered and justified.
Practical Aspects
In practice, the decision to disband an 11th-grade class may be made in cases where the number of students in the class is too small to effectively organize the educational process. However, in such cases, the educational institution must ensure the transfer of students to other educational institutions or offer other forms of education.
There are also cases where schools face financial difficulties or a lack of teaching staff, which may lead to the disbanding of classes. In such situations, local authorities are obligated to find ways to preserve the opportunity for all students to obtain a complete general secondary education.
Conclusion
In summary, we can draw a legal conclusion that disbanding the 11th grade in a general secondary education institution is possible only if this decision is justified, does not violate the students' rights to education, and is accompanied by the provision of alternative options for continuing education. The analysis of documents and the legal analysis of the situation determines that the legislation of Ukraine provides that educational institutions must create appropriate conditions for obtaining a full general secondary education, including specialized secondary education in grades 10-11 (12). Each case of disbanding a class must be considered individually, taking into account all the circumstances and rights of students and their parents. Therefore, in case of violation of your educational rights, contact the specialists of YM "Consultant", because a lawyer's consultation or a written consultation of a lawyer will help you restore the violated rights.
