Publication date: 03.06.2024
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.
Public discussions are an essential element of a democratic society as they ensure citizen engagement in decision-making processes concerning socially significant issues. In educational institutions, such discussions are particularly important as they influence the formation of educational policies, the development of educational institutions, and the creation of favorable conditions for the learning and upbringing of children and youth.
Legal Framework for Public Discussions in Educational Institutions
Public discussions in educational institutions are regulated by a number of legal acts, including the Law of Ukraine "On Education," the Law of Ukraine "On General Secondary Education," the Law of Ukraine "On Higher Education," as well as relevant bylaws of the Ministry of Education and Science of Ukraine.
Law of Ukraine "On Education"
The Law of Ukraine "On Education" defines public discussions as one of the forms of public oversight of the activities of educational institutions. According to Article 70 of this law, citizens have the right to participate in public discussions aimed at taking into account public opinion when making important decisions in the field of education.
Law of Ukraine "On General Secondary Education"
The Law of Ukraine "On General Secondary Education" specifies the provisions regarding public discussions, particularly in Article 30, which states that parents of students, public organizations, local self-government bodies, and other interested parties have the right to initiate and participate in public discussions concerning the activities of general secondary education institutions.
Law of Ukraine "On Higher Education"
In the Law of Ukraine "On Higher Education" (Article 36), public discussions are identified as an important tool to ensure transparency in the activities of higher education institutions. They facilitate the involvement of students, faculty, researchers, and other stakeholders in decision-making processes related to the organization of the educational process, the development of scientific research, and other aspects of university and other higher education institutions' activities.
Procedure for Conducting Public Discussions
The procedure for conducting public discussions in educational institutions may vary depending on the level of the educational institution (preschool, secondary, higher) and the specific issue under discussion. In general, it includes several main stages:
Initiating the Discussion: Public discussions can be initiated by the administration of the educational institution or other interested parties (parents, students, public organizations, local self-government bodies, etc.).
Preparation for the Discussion: At this stage, the discussion topic is determined, a plan for its conduct is developed, the place and time for the discussion are chosen, and informational materials are prepared for the participants.
Informing the Public: It is important to ensure proper public awareness of the planned discussion. This can be done through official websites of educational institutions, mass media, social networks, announcements in the premises of educational institutions, etc.
Conducting the Discussion: Discussions can take the form of open meetings, conferences, round tables, online forums, etc. Participants have the opportunity to express their opinions, ask questions, make suggestions, and comments.
Preparation of a Summary Document: Based on the results of the public discussion, a summary document is prepared, which contains the main conclusions, proposals, and recommendations. This document is made public for the information of all interested parties.
Decision Making: Based on the summary document, the administration of the educational institution or other authorized bodies make decisions, taking into account the expressed proposals and comments.
Advantages of Public Discussions in Educational Institutions
Public discussions have several advantages that make them an important element of educational institution management:
Engagement of the Public in Governance: Discussions promote active engagement of the public in the management of educational institutions, increasing the level of transparency and openness of their activities.
Improvement of Decision-Making Quality: Taking into account the opinions of a wide range of stakeholders allows for more informed and effective decision-making.
Building Trust in Educational Institutions: Conducting public discussions contributes to building trust in educational institutions among parents, students, faculty, and other stakeholders, positively affecting their image and reputation.
Development of Civic Engagement: Participation in public discussions fosters the development of civic engagement, helping citizens acquire skills for constructive dialogue and cooperation.
Challenges and Issues of Public Discussions
Despite their obvious advantages, public discussions in educational institutions may face a number of challenges and issues:
Low Public Activity: Citizens often show insufficient activity and interest in public discussions, which may be due to inadequate information or lack of trust in their effectiveness.
Organizational Difficulties: Conducting public discussions requires significant organizational efforts and resources, which may be problematic for some educational institutions.
Conflicts of Interest: During discussions, conflicts may arise between different groups of participants, complicating the achievement of consensus and decision-making.
Low Competence of Participants: Effective participation in public discussions requires participants to have certain knowledge and competencies, which may not always be the case.
Conclusion
Thus, it is possible to draw a legal conclusion that public discussions are an important tool for the democratization of the management of educational institutions, which contributes to the improvement of the quality of educational services, the development of civic activity and the formation of trust in educational institutions. But the analysis of the documents and the legal analysis of the situation show that for their effective implementation it is necessary to overcome the existing challenges and problems, to ensure proper information and involvement of the public, as well as to create favorable conditions for constructive dialogue and cooperation between all interested parties. In addition, qualified lawyers and lawyers of YM "Consultant" can organize such cooperation, because the consultation of a lawyer or the verification of documents by a lawyer will be useful in such events.
