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

According to the Education Code of the Republic of Belarus (2011/2019, No 243-3; hereafter Education Code) educational institutions can be state or private (article 19:6). The right to carry out educational activities can also be granted to individual entrepreneurs (article 11). The Civil Code (article 22) states that individual entrepreneurs do not establish a legal entity but must register themselves with tax authorities. They may work independently (e.g., as individual private tutors) or in a group. In contrast to private institutions, which might be for- and non-profit, individual entrepreneurs, according to the law On entrepreneurship (article 1), are engaged in income-generating activities.

Article 137:2 of the Education Code states that private educational institutions receive funds from founders, from income-generating activities, charitable funds from legal entities, individual entrepreneurs and other sources which are not prohibited by the law.

 

  1. Typology of provision

2.1 State education provision

State schools

Primary and secondary education in Belarus is comprised of a 9-year basic compulsory cycle (primary education, from age 6 (ISCED level 1), and lower secondary – grade 5-9 (ISCED level 2)), and a non-compulsory upper secondary cycle (ISCED level 3), which can be academic (school grade 10 and 11) or vocational. The right to free primary, general secondary and vocational education is guaranteed by the Constitution of the Republic of Belarus.

The Education Code (article 16) stipulates that education can be received in both state and private institutions. However, most schools (primary and general secondary) (99,5% in 2019) in the Republic of Belarus are state schools (MO, 2019, p. 30).

Non-state managed, state schools

No information was found.

Non-state funded, state schools

While there are no specific schools which are non-state funded, the Education Code (Article 137) allows private actors to engage in public education. In addition to the national and (or) local budgets, public educational institutions can receive funds from founders, the funds derived from income-generating activities, charitable funds from legal entities, individual entrepreneurs and other sources that are not prohibited by the law. Educational institutions are also entitled to be members of associations and non-profit organizations and perform international cooperation, including foreign trade (article 20).

Such diversification of extrabudgetary resources and non-state actors can be understood against the backdrop of decreased state expenditures on education over the past two decades (from 6% of GDP in 1999 to 4,6% in 2020).

Finally, international organizations play an important role in providing assistance, both monetary and non-monetary, to the Belarusian government in its efforts to maintain and develop the level of education. For instance, the ongoing modernization project is financed with loans from the International Bank for Reconstruction and Development (IBRD). The project aims at creating modern teaching and learning environment (e.g., rehabilitation of buildings and premises, modernization of equipment) of secondary schools and enhancing the mechanisms of education management information systems.

No official statistical data on the types and volume of non-state funding of primary and general secondary education was found.

2.2 Non-state education provision

Independent, non-state schools

According to the statistical report Education in the Republic of Belarus (2019), over the last decade, the number of private schools has increased although their share remains rather insignificant. Whereas in the 2012 academic year, there were 10 schools, in 2018/2019 there were 16 schools (0,4% share). Over the same period of time the enrollment rate has increased from 638 to 1031 pupils. However, the percentage of students attending private schools is still below 0,1% (0,07% in 2018) (NSC, 2018).

Overall, the private sector takes a modest place in the Belarusian system of education. The share of private schools in 2018/2019 was 0,5%. 7 of those schools provided primary education (183 students) and 9 – general secondary education (848 students). On the other hand, student-teacher ratio in the private sector was almost three times higher than in public schools. On overage, there were 3-4 students per teacher in private schools. In contrast, in public schools this indicator was 9:1 (my calculations).

In the field of vocational upper secondary education, the share of private sector is comparatively larger. According to the National Statistic Committee, in 2018, there were 13 vocational schools of private ownership, which enrolled 10,3 thousand students (5,75% share, 9,09% enrolment) (NSC, 2018). In addition, there were also 4 (2,22%) technical secondary schools (MO, 2019, p. 36; no data on enrolment was found).

No data on tuition fees, curricula and funding sources of private schools in Belarus was found.

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

No information was found.

Contracted, non-state schools

No information was found.

2.3 Other types of schools

Homeschooling

Homeschooling is allowed only if a student temporarily or permanently cannot attend a school for medical reasons (Education Code, article 160). In addition, however, article 167:6 entitles gifted students and students, who “for valid reasons” cannot attend school, to study according to an individual plan which should be developed by the educational organization. This wording does not explain what these “valid reasons” could be or whether gifted students are allowed to study at home. In any case, homeschoolers must meet the curricular requirements prescribed by the state.

Market contracted (Voucher schools)

No information was found.

 

  1. Governance and regulations

The Belarusian system of education is highly centralized. All educational institutions are subordinated directly to the Ministry of Education, which is responsible for standard-setting, licensing, accreditation and monitoring the quality of education at all levels – from preschools to higher education establishments.

Since its independence, Belarus has no state religion. The country does not have a body in charge of religious affairs in non-state education.

Vision: Private educational institutions, which have a license, are regulated by the Education Code and follow largely the same regulations as the public ones. According to the Strategy for developing state youth policy until 2030, the government is planning to develop an effective system of public-private partnership for ensuring individuals’ needs in formal and informal education.

 

3.1 Regulations by distinct levels of education
 

Pre-primary education in Belarus is provided to children of age 1 to 5 in public and private institutions or by individual entrepreneurs on free or fee-based basis (Education Code, article 147). There are many forms of organizing pre-primary education, including kindergartens, family kindergartens, groups for school preparation, etc. It is also possible to receive pre-primary education at home.

In 2018, there were 12 private pre-primary educational institutions in Belarus (0,3%), which enrolled 0,43% of all preschool children. In addition, 224 children were visited by a preschool teacher at home. 11 out of 12 private preschools are located in Minsk (7) and Minsk region (4) (MO, 2019, p. 27).

According to the Strategy for developing state youth policy until 2030, the government is planning to develop a network of corporate and private kindergartens.

Entry/Establishment

Registration and approval: See Multi-level regulations.

Licence: 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 or learning standards: (When it comes to languages of instruction, in addition to two official languages (i.e., Belarusian and Russian), the Education Code (article 90) allows institutions of pre-primary education to provide education in languages of national minorities. According to the law On National Minorities (article 1) belonging to national minorities are persons permanently residing in the territory of Belarus and having Belarusian citizenship, who differ in their origin, language, culture and traditions from the main population in the Republic. For more information, see Multi-level regulations.

Teaching profession: See Multi-level regulations.

Equitable access

Fee-setting: See Multi-level regulations.

Admission selection and processes: No information was found.

Policies for vulnerable groups: While the provision of textbooks and learning materials is fee-based for the majority of children (see above), preschool children with arrested psychophysical development and disabilities, orphans, children suffering from cancer or tuberculosis, and children from socio-economically disadvantaged groups are granted free provision of textbooks and learning materials (Education Code, article 39:2).

Quality assurance, monitoring and accountability

Reporting requirements: No information was found.

Inspections: See Multi-level regulations.

Child assessments: No information was found.

Sanctions: No information was found.

Entry/Establishment

Registration and approval: See Multi-level regulations.

Licence: See Multi-level regulations.

Water, sanitation and hygiene (WASH): While no specific regulations on WASH were found, the questions of security and protection of students’ health belong to the primary requirements for the organization of the educational process (Education Code, Article 91). As mentioned above, compliance with sanitary norms and hygienic standards and ensuring safe learning conditions are also one of the main conditions for being granted a license. 

Financial operation

Profit-making: See Multi-level regulations.

Taxes and subsidies: See Multi-level regulations.

Quality of teaching and learning

Curriculum or learning standards: Primary and secondary schools are required to follow state educational standards, which prescribe the content, structure and expected outcomes of educational programs and maximum working load for students. Educational standards for general secondary education are established and approved by the Ministry of Education in agreement with the Ministry of Finance, Ministry of Labor and Social Protection and the Ministry of Health of the Republic of Belarus (Education Code, article 154).

In addition to the official languages (i.e. Belarusian and Russian – see Multi-level Regulations), the Education Code (article 90) allows institutions of primary and general secondary education to provide education in languages of national minorities (see ECCE for definition).

Textbooks and learning materials: According to the Education Code (article 39) the use of textbooks in public and private (including individual entrepreneurs) institutions of primary and general secondary education, is fee based for the majority of children. For students of primary and secondary schools such fee is equal to 0,5% of the textbooks’ costs. Article 39 of the Education Code reads that the use of textbooks and learning materials can be either free or fee based.

Teaching profession: See Multi-level regulations.

Corporal punishment: In accordance with the Education Code teachers in all types of institutions must “respect the honour and dignity of students” (article 53) and choose “pedagogically sound forms and methods of teaching and upbringing” (article 52). However, the is no explicit prohibition of corporal punishment in educational institutions.

Other safety measures and COVID-19: No information was found.

Equitable access

Fee-setting: See Multi-level regulations.

Admission selection and processes: In general, admission to an institution of secondary education is dependent on the residence of the applicant (Education Code, article 159). However, according to article 58 or the Code, admission to private schools and to individual entrepreneurs can be competition-based. In this case, the rules and procedures for selection and admission are to be determined by the school founder. The only restriction is that the number of admitted students should comply with the norms and rules prescribed by sanitary norms and hygiene standards.

Policies for vulnerable groups: While the provision of textbooks and learning materials is fee based for the majority of children (see above), primary and secondary school students with arrested psychophysical development and disabilities, orphans and students from socio-economically disadvantaged groups are granted free provision of textbooks.

Quality assurance, monitoring and accountability

School board: The Education Code stipulates the head of an institution of general secondary education is to be appointed or dismissed by its founder (article 157). A council headed by school principal is the main self-governing body. In addition, article 157 provides for a creation of pedagogical councils, board of trustees and parent councils, which can engage in school management. According to article 192, the appointment of the head of an institution of secondary vocational education should be agreed with the Ministry of Education.

Reporting requirements: No information was found.

Inspections: See Multi-level regulations.

Student assessments: No information was found.

Diplomas and degrees: See Multi-level regulations.

Sanctions: No information was found.

In Belarus, higher education, according to the Constitution (article 49), can be received free of charge at state educational institutions on a competitive basis.

The system of tertiary education in the Republic of Belarus consists of 51 higher education institutions (HEI). 42 of them are public universities and 9 are private (17,65%) with 17,4 thousand students enrolled (6.5% of all HEI students (in 2018). Over the past decade, the number of private universities has remained the same, while the number of public HEIs has slightly decreased (from 45 in 2012 to 42 in 2018/2019).

State universities are entitled to enroll students on paid basis. In 2018, for instance, 56% of all higher education students paid tuition fee of which 86% in state HEIs (MO, 2019, pp. 134-136).  

In 2020, the government launched a modernization project in higher education which will be financed by the World Bank.

Entry/Establishment

Registration and approval: See Multi-level regulations.

Licence: 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 or learning standards: See Multi-level regulations.

Teaching profession: See Multi-level regulations.

Equitable access

Fee-setting: See Multi-level regulations.

Admission selection and processes: The terms and procedures for selection and admission to HEIs are subject to special regulations, according to which selection to HEIs of both public and private ownership is competition-based. Private HEIs have the right to determine the maximum number of students to be admitted independently. However, the number of admitted students should be within the limits provided for by the license.

Quality assurance, monitoring and accountability

 

Board: Article 208:3 of the Education Code states that the head of a private HEI is appointed and dismissed by the minister of education upon the proposal of its founder. An HEI may also have a board of trustees and other self-government bodies which can be established by the decision of the President of the Republic of Belarus (article 208:9).

Reporting requirements: No information was found.

Inspections: See Multi-level regulations.

Student assessments: No information was found.

Diplomas and degrees: See Multi-level regulations.

Sanctions: No information was found.

3.2 Multi-level regulations

This section covers all education levels, from pre-primary education to tertiary education.

Entry/Establishment

Registration and approval: According to article 21 of the Education Code besides official state bodies and local executive authorities, an educational organization can be created by legal entities and citizens of the Republic of Belarus, foreign states, international organizations, transnational formations and foreign citizens as well as by stateless persons, unless otherwise provided for by legislative acts. Several types of educational institutions (mostly those that train in areas related to state security), can only be established by the state.

The Education Code does not specify whether religious organizations are eligible to open an educational institution. At the same time, it clearly states that the creation of religious organizations and any form of their activity within the schools are prohibited (article 2:3). Recognizing the influence of religious organizations on the formation of spiritual, cultural and state traditions of the Belarus people, the Code allows schools to interact with registered religious organizations outside the school hours. However, the procedure, content, conditions and forms of such interactions are subject to governmental and presidential approval (article 2:4). In other words, while not explicitly prohibited by the Education Code, religious organizations have limited, if any, opportunities to run an educational institution.

In order to be registered, the founder of an educational institution or an individual entrepreneur must submit documents verifying the compliance with all of the licensing requirements (see below).

Licence: In order to carry out educational activities, educational institutions must obtain a license (Education Code, article 109). The Ministry of Education is the only body entitled to issue (or withdraw) licenses.

The licensing requirements for educational institutions are listed in the presidential order On the licensing of certain types of activities (article 33). Regardless of the type of ownership, to qualify for a license an educational institution or an individual entrepreneur must meet a number of requirements, which concern 1) personnel (no less than 70% of the teaching staff should have an educational institution as the main employer and all personnel must have appropriate professional qualifications), 2) curricula (for each level, specialization and (or) profile), and 3) premises and equipment (an educational institution must have premises, offices, laboratories, workshops and necessary equipment; it must also have a library and premises for physical education and sports. All premises must comply to sanitary norms and rules and hygienic standards). A license has no expiration date (article 56) but might be suspended or withdrawn in case of reorganization or violation of licensing requirements (article 75).

Financial operation

Profit-making: Both public and private educational institutions are entitled to provide paid services. According to the Education Code (article 138), income-generating activities cannot be provided instead of or within the framework of educational activities which are funded from the republican or local budgets. Institutions are entitled to spend revenues from paid services at their own discretion.

Taxes and subsidies: Regardless of the form of ownership, educational institutions in Belarus are exempted from paying several taxes. According to the Tax Code, article 118, paid educational services are not subject to value-added tax (article 118), profit tax (article 181:11) and property tax (article 226:5).

At the same time, in accordance with article 210 of the Tax Code, parents, whose children receive their first mid-professional or higher education on a paid basis, are entitled to a tax deduction.

Quality of teaching and learning

Curriculum and education standards: The Education Code (article 92) requires all educational institutions and individual entrepreneurs, who carry out educational activities, to follow the standards set up by the state. Article 154 specifies that these standards determine the content of education, the organization of educational process, the maximum workload and expected learning outcomes for each level of education. Compliance with prescribed official curricula is the main condition for state accreditation (see above) and the basis for quality control. The Education Code does not specify whether private educational institutions and individual entrepreneurs are entitled to create own/specialized curricula in addition to the mandated one.

It is also worth mentioning that according to Article 17 of the Constitution, the country has two state languages – the Belarusian and Russian languages. Article 50 stipulates for everyone’s right to receive education in one’s native language. Both languages are obligatory in all schools providing general secondary education (Education Code, article 5). (See also corresponding sections in ECCE and Primary and Secondary Education).  

 

Teaching profession: According to article 20 educational institutions are independent in selecting, appointing and assigning staff with teaching load within the limits envisaged by the law. Article 51 lists some categories of teachers who are not entitled to carry out teaching activities; among them are persons with a criminal record and those suspended or deprived of the right to teach.

There are no specific regulations with regard to teaching staff in private educational institutions: they are free to choose teachers who are qualified for the job. Qualification requirements and responsibilities of different categories of pedagogical workers are listed in a special qualification guide.

Article 53 obliges teachers to improve their professional level and pass certification, the terms and procedures of which are determined by the Ministry of Education. Educational institutions and individual entrepreneurs can also set additional requirements which are not envisioned by the law.

Equitable access

Fee-setting: Article 26:3 of the Education Code allows the head of a secondary vocational and higher education institutions to provide discounts from the established tuition fees. However, general regulations on fee-setting were not found.

Quality assurance, monitoring and accountability

Inspections: According to the decree of the Ministry of Education, the main objective of state monitoring of education quality is to verify the compliance of educational institutions with the established state standards and with legislation requirements. Quality control can be carried out by supervisory bodies (Ministries of Education, Health, Culture, Defense, etc.) as well as by institutions themselves (internal control). The Ministry of Education has a special Department of Education Quality Monitoring which is responsible for licensing, accrediting and monitoring the quality of education.

According to Article 29 of the Education Code state accreditation of educational institutions is needed for establishing the compliance of their activities with legislation and that the content and quality of provided services meet the requirements of educational standards. Accreditation needs to be confirmed every five years. 

Diplomas and degrees: The Education Code (article 101) states that private educational institutions and individual entrepreneurs which are licensed and accredited by the state have the right to issue graduation certificates and award students with the corresponding degrees and qualifications.

3.3 Supplementary private tutoring

No official statistical data or education regulations on private tutoring were found. The Tax Code, article 118, defines private tutoring as “advisory services in academic subject(s), discipline(s), area(s) or topic(s), including assistance in preparation for centralized testing”.

Entry/Establishment

No information was found. 

Financial operation and quality

Private tutoring is classified as an educational service and is exempted from value-added tax.

Teaching profession

No information was found. 

 

 

 

 

Last modified:

Thu, 09/12/2021 - 15:39