NON-STATE ACTORS IN EDUCATION

1. Terminology

2. Typology of provision

2.1 State education provision 

2.2 Non-state education provision 

2.3 Other types of schools 

3. Governance and regulations

3.1 Regulations by distinct levels of education

3.2 Multi-level regulations 

3.3 Supplementary private tutoring 

 

  1. Terminology

The 2007 Law on Education (amended in 2021), which covers pre-school to tertiary education, does not have any specific subsection for non-state actors in education. However, it does mention legal entities that can have some level of autonomy (see Governance and Regulations section) from the state and refers to them as private organizations. It should be noted that schools with an international status that are registered as legal entities, as well as individual entrepreneurs that do not hold the status of legal entities and provide early childhood education are also included in the list of educational organizations. Legal entities (including private organizations) can get a license to provide education services from primary schools to tertiary education, including vocational education, military education, postgraduate education, and spiritual education.

 

  1. Typology of provision

2.1 State education provision

State schools

Schooling is mandatory for all students between the ages of 6 and 15. Children from the age of six are admitted to the first grade. All 7338 schools on the territory of Kazakhstan are supervised by the Ministry of Education and Science. 7014 out of those were regular daytime schools, and 74 were evening schools. The number of students in those was 3,105,334 and 10,331 students, respectively.

Non-state managed, state schools

No information was found.

Non-state funded, state schools

No information was found.

2.2 Non-state education provision

Independent, non-state schools

No information was found.

State-funded (government-aided), non-state schools

The number of private schools was 138 in 2018, and they attracted 28 074 students. That constituted 1.9% of all schools, and the Information-Analytic Centre noted that it is a low number compared to figures that developed countries illustrated. At the same time, all private schools in Kazakhstan were/are subordinate to the Ministry of Education and Science and mostly worked/work based on the state order for the educational services.

Contracted, non-state schools
No information was found.

 

2.3 Other types of schools

 

Homeschooling

The 2007 Law on Education states that children who are unable to attend primary, secondary and general secondary schools due to health conditions can receive educational services either at home or at the places equipped for inpatient care. The Law constitutes that such types of educational services can be either fully funded or partially funded by the state.

Market contracted (Voucher schools)

No information was found.

Unregistered/Unrecognized schools

No information was found.

 

  1. Governance and regulations

The Ministry of Education and Science is the central part of the system. It defines and then regulates almost every element of the education system, including educational laws, strategies, development programs curriculum development, educational plans and programs, assessment, and financing. All aforementioned is applied to all actors regardless of the type of ownership. The 2007 Law on Education constitutes the state monopoly on the control of the education process in the country. That involves creating the standards for curriculum, programs, methods, and resource provision.

Therefore, the regulations for non-state actors at different levels are mostly similar with some exceptions (see further). Thus, the section mainly focuses on the multilevel regulations of non-state actors, but it also touches upon each level of education pointing out the differences between those when it comes to non-state actors.

Vision: The Development strategy (2020-2025) released by the Ministry of Education and Science of the Republic of Kazakhstan illustrates that the centralization of administration and financing of all actors in the education system remains one of the government’s goals at least for the next four years.

3.1 Regulations by distinct levels of education
 

According to the National report by Information-analytic centre, in 2018 there were 10,314 Early Childhood Care and Education (ECCE) organizations in Kazakhstan, and 36,3% of which were private ones. It can be added that 34,9% of those private organizations were equipped to provide inclusive education.

Entry/Establishment

Registration and approval: According to Article 40 of the 2007 Law on Education, the registration of the ECCE organization in the Republic of Kazakhstan as a legal entity is not compulsory. For more information, see Multi-level regulations.

License: See Multi-level regulations.

Financial operation

Profit-making: See Multi-level regulations.

Taxes and subsidies: See Multi-level regulations.

Quality of teaching and learning

Curriculum and education standards: See Multi-level regulations.

Teaching profession: The Model regulations of educational organizations activities of the Republic of Kazakhstan (approved by Order of the Minister of Education and Science of the Republic of Kazakhstan dated October 30, 2018 No. 595) requires teachers in ECCE to have a professional-pedagogical education before entering any educational practice. For other details see Multi-level regulations.

Equitable access

Fee-setting: See Multi-level regulations.

Admission selection and processes: See Multi-level regulations.

Policies for vulnerable groups: No information was found.

Quality assurance, monitoring and accountability

Reporting requirements: See Multi-level regulations.

Inspection: See Multi-level regulations.

Child assessments: See Multi-level regulations.

Sanctions: See Multi-level regulations.

Entry/Establishment

Registration and approval: See Multi-level regulations.

License: See Multi-level regulations.

Water, sanitation and hygiene (WASH): The 2007 Law on Education defines the list of general accountability requirements for both state and non-state actors in education, which includes ensuring the protection and strengthening of the health of students and pupils.

Financial operation

Profit-making: See Multi-level regulations.

Taxes and subsidies: See Multi-level regulations.

Quality of teaching and learning

Curriculum and education standards: The development of curriculum in primary and secondary education is the responsibility of the regional department of education (2007 Law on Education). For more information, see Multi-level regulations.

Textbooks and learning materials: The same rules as for curriculum apply to textbooks and learning materials (2007 Law on Education).

Teaching profession: The Model regulations of educational organizations activities of the Republic of Kazakhstan (approved by Order of the Minister of Education and Science of the Republic of Kazakhstan dated October 30, 2018 No. 595) requires teachers in primary and secondary education to have a professional-pedagogical education before entering any educational practice. For other details, see Multi-level regulations.

Corporal punishment: Corporal punishment is considered unlawful in schools. The 2007 Law on Education prohibits physical and mental violence (art. 28(4)) and Article 47(11) states that pupils and students have a right to respect for their human dignity.

Other safety measures and COVID-19: The 2007 Law on Education supports the provision of medical services to students and pupils of educational organizations, with the exception of secondary education organizations that are not related to boarding schools.

Equitable access

Fee-setting: See Multi-level regulations.

Admission selection and processes: See Multi-level regulations.

Policies for vulnerable groups: No information was found.

Quality assurance, monitoring and accountability

School board: See Multi-level regulations.

Reporting requirements: See Multi-level regulations.

School inspection: See Multi-level regulations.

Student assessments: See Multi-level regulations.

Diplomas and degrees: See Multi-level regulations.
Sanctions: See Multi-level regulations.

 

The MESRK classifies all higher education institutions in Kazakhstan, both public and private, into different categories: National research universities; national universtities, research universities, universities, academies and institutes. The 2007 Law on Education stipulates that an organization of higher and postgraduate education is defined as an “higher education institution implementing educational programs of higher and (or) postgraduate education and carrying out research activities”. A higher college is an educational institution “implementing integrated modular educational programs of technical and professional, post-secondary education” and a research university is defined as a “university that implements the development program approved by the Government of the Republic of Kazakhstan for five years and uses the results of its activities to integrate education and science, generation and transfer of new knowledge and technologies”. The government passed the Law on Higher Education in 1993, which legalized the establishment of private universities.

In 2020, there were 33 public and 92 private universities in the country, according to government statistics.

Entry/Establishment

Registration and approval: See Multi-level regulations.

License: See Multi-level regulations.

Financial operation

Profit-making: See Multi-level regulations.

Taxes and subsidies: See Multi-level regulations.

Quality of teaching and learning

Curriculum and education standards: The development of curriculum in higher education organizations is controlled by the educational and methodological associations in the areas of personnel training (2007 Law on Education, Article 29). For more, information see Multi-level regulations.

Teaching profession: The Model regulations of educational organizations activities of the Republic of Kazakhstan (approved by Order of the Minister of Education and Science of the Republic of Kazakhstan dated October 30, 2018 No. 595) allows to conduct lectures only to educators with PhD degrees, as well as to holders of a Doctoral degree and Candidates of relevant sciences. Masters degree holders and senior educators are required to have either three years of teaching status or five-year prior teaching experience before that. Academic workers and honoured workers of sport, art, and culture are also allowed to conduct lectures in higher education. The last group of people allowed to hold pedagogical courses in Higher education are professionals that are eligible for level 8 of the national qualification framework. For other details see Multi-level regulations.

Equitable access

Fee-setting: See Multi-level regulations.

Admission selection and processes: See Multi-level regulations.

Quality assurance, monitoring and accountability

Board: See Multi-level regulations.

Reporting requirements: See Multi-level regulations.

Inspection: The first certification in higher education organizations is performed no later than the first graduating cohort (2007 Law on Education, Article 59). For more information, see Multi-level regulations.

Assessments: See Multi-level regulations.

Diplomas and degrees: See Multi-level regulations.

Sanctions: See Multi-level regulations.

 

3.2 Multi-level regulations

The 2007 Law on Education covers pre-primary to tertiary education.

Entry/Establishment

Registration and approval: All the non-state actors are obligated to register a legal entity that then needs to be licensed with an exception for early childhood education organizations, which are not required to register as a legal entity (2007 Law on Education, Article 40) (see Early Childhood Care and Education section).

License: The Law on Permissions and Notifications (2014) defines the licensing procedure for non-state actors in education in the Republic of Kazakhstan. The licensing of higher, postgraduate, and spiritual education (including non-state actors) is controlled by the Control Committee in the Sphere of Education (on the republican level) of the Ministry of Education and Science of the Republic of Kazakhstan. The licensing of early childhood and care, primary, secondary, general secondary, vocational, military, and post-secondary education is issued by territorial (regional) departments of the same committee. In other words, there is a special government body that controls licensing of non-state actors in education, however higher, postgraduate, and spiritual education actors are controlled on a republican level, while other forms of education are controlled regionally.

Financial operation

Profit-making: Private organizations, i.e. non-state actors, according to the 2007 Law on Education, can spend the income from the sales of goods (educational services), including those provided by the state standards, independently. The sources also may include funds of founders and any other ways that are not prohibited by the legislation of the Republic of Kazakhstan.

The 2007 Law on Education also states several ways that actors in education can make a profit besides government-related sources. These include income from the provision of paid services that do not contradict the legislation of the Republic of Kazakhstan, loans from financial organizations, charity and donations, contributions of founders (participants) of educational organizations, as well as endowment funds of higher or postgraduate education institutions.

Taxes and subsidies: All educational organizations, including private ones, are required to provide financial reports defined by the legislation of the Republic of Kazakhstan. The taxation is defined in the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget” (2017) and depends on how the organization was registered (e.g., small, or large business).

Quality of teaching and learning

Curriculum or education standards: The Ministry of Education and Science of the Republic of Kazakhstan controls the curriculum and education standards on all subjects of the educational system (including non-state actors). Different types of educational organizations are regulated by different levels of government control (for each type see the corresponding section). However, according to the Order on approval of the Standard Rules for the activities of educational organizations of the respective types (2018), educational organizations, regardless of the type and form of ownership, independently choose standard curricula. This means that there is some level of autonomy, although the authorized body holds the upper hand.

Teaching profession: The 2007 Law on Education recognizes the special status of the teaching profession regardless of the type of educational organization (including private ones). According to the law, it ensures the professionalization of educational practice. The status is attributed to the individuals who perform professional educational activities or reside in labour relations with an organization that is licensed according to the order provided by the legislation of the Republic of Kazakhstan.

All requirements for the teaching profession of each type of educational organization are regulated by the Model regulations of educational organizations activities of the Republic of Kazakhstan (approved by Order of the Minister of Education and Science of the Republic of Kazakhstan dated October 30, 2018 No. 595).

The salary of professional teachers in private organizations is defined by its founder or other authorized person and regulated by the 2015 Labour Code of the Republic of Kazakhstan.

Equitable access

Fee-setting: The fee-setting in private organizations that provide educational services according to the 2007 Law on Education is defined by the contract between the organization and either a student, or his/her parents or guardians. The Law also states that if the fee stated in the contract was paid in full by the moment of signing the contract, the sum of the deal is unchangeable. If the fee is paid in tranches, then the sum can be changed no more than once a year based on income increase or inflation rates.

Admission selection and processes: The Control Committee in the Sphere of Education of the Ministry of Education and Science of the Republic of Kazakhstan defines model rules for admission for each level of education. The rules are the same for both state and non-state actors for each corresponding level.

Quality assurance, monitoring and accountability

Reporting requirements: The 2007 Law on Education lists the accountability requirements for both state and non-state actors in education. The list includes:

  1. development and approval of internal regulations;
  2. development and approval of working curricula;
  3. development and approval of educational programs with reduced terms of study;
    1. annual informing of parents and other legal representatives, students and pupils before the end of the current academic year about textbooks, teaching materials, etc.
  4. introduction of new teaching technologies;
  5. conducting ongoing monitoring of progress, intermediate and final certification of students, with the exception of a single national testing;
  6. provision of teacher training
  7. provision of goods (works, services)
  8. assistance to the activities of public self-government bodies, public associations;
  9. presentation of financial statements

Inspection: According to the 2007 Law on Education, the state control of non-state actors in education is defined by the Entrepreneurial Code of the Republic of Kazakhstan (2015). According to Article 59б, forms of inspection involve:

  1. unscheduled verification of compliance with the legislation of the Republic of Kazakhstan on education;
  2. preventive control with a visit to the subject (object) of control over compliance with the legislation of the Republic of Kazakhstan on education and qualification requirements for educational activities;
  3. preventive control without visiting the subject (object) of control in the manner determined by the 2007 Law on Education

The inspection defines if the private organization is certified or not certified, thus can or cannot continue the provision of educational services. The timing of the first certification is different for different levels of education (for each level see the corresponding section).

Assessments: According to the 2007 Law on Education, the monitoring and assessment of academic performance of students are obligatory and compulsory regardless of the type of state/non-state affiliation. The Law states that it ensures the observance of the standards defined by the Ministry of Education and Science of the Republic of Kazakhstan.

Sanctions: The 2007 Law on Education refers to Article 409 of the Code of the Republic of Kazakhstan on Administrative Offenses (2014), which defines five cases of non-compliances that can lead to the applying sanctions or closure of the non-state actor in education. Those involve non-compliance with rules for activities, admission, transfer, and recovery of students, granting academic leave to students, and competitive replacement of positions of teaching staff. The sanctions can be presented in a form of financial penalties. The amount of a penalty depends on the size of the organization. They are calculated based on a unit called the monthly calculation index (which equals 2 525 KZT). Small businesses and non-commercial organizations receive a fine in the amount of 15 monthly calculation indexes (MCIs), medium-sized businesses - 20 MCIs, large business entities - 25 MCIs, and regardless of the size, any private organization will be suspended from its licence.

 

3.3 Supplementary private tutoring

 

Entry/Establishment

According to the 2007 Law on Education, supplementary private tuition that involves receiving income from providing educational services is considered entrepreneurial activity. Therefore, it needs to be registered according to the Entrepreneurial Code of the Republic of Kazakhstan (2015).

Licensing is not required for supplementary private tuition according to the legislation of the Republic of Kazakhstan (2007 Law on Education, Article 37-1).

Financial operation and quality

No information was found.

Teaching profession

No information was found.

 

 

Última modificación:

Jue, 02/12/2021 - 21:20