NON-STATE ACTORS IN EDUCATION
2.2 Non-state education provision
3.1 Regulations by distinct levels of education
- Early childhood care and education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Primary and secondary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Tertiary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
3.2 Supplementary private tutoring
The Law on the care of children up to the age of 3 (2011) stipulates the rules of childchood care, but does not define explicitly the non-state providers in education.
In parallel, the Law on School Education (“Prawo oświatowe”, 2017 and amended 2021) provides the general framework for pre-school, primary and secondary education. It states that schools (including preschools) can be set up by a legal entity, a private person or a local government (“jednostka samorządu terytorialnego”) with a restriction that local government opens only public schools. A legal entity might include: non-governmental organisation for profit and not-only-for-profit, a commercial legal entity, and a “non-public school” is any legal entity besides public entities enlisted within the LoSE (i.e. local government entities and specific ministiries), which carries out general education activities following the Core Curriculum.
The Law on Higher Education and Science (“Prawo o szkolnictwie wyższym i nauce”, 2005) was novelized in 2018 through Constitution for Science (“Konstytucja dla Nauki”), with last amendment in March 2021 and provides the general framework for higher education, and defines non-state actors as a generic term for non-public institutions providing higher education.
2.1 State education provision
State schools
In Poland, most schools (85%) in primary education (8 years beginning at age 7, 89%) and secondary education (4 years beginning at age 14, 77%) are public (state or local government) schools. Since the introduction of the system reform (2017-2018) the upper secondary schools (age 12-14) were included back in the primary 8-year schools. Free and compulsory education refers to 1 year pre-primary and 8 years in primary schools and applies to pupils aged 7-15 years (Statistics Poland (GUS) 2020, Education in the 2019/20 school year).
Non-state managed, state schools
The Law on School Education allows non-state entities to manage the state schools. Special consent is issued to the entity (examples: schools run by church-related organisations, schools run by NGOs).
Non-state funded, state schools
No information was found.
2.2 Non-state education provision
Independent, non-state schools
State-funded (government-aided), non-state schools
Private schools (officially called “non-public schools”) are owned, managed, and partially financed by non-state actors established under private entities law as profit or non-profit organizations. No information was found regarding the prevalence of this type of non-state school.
Contracted, non-state schools
No information was found.
2.3 Other types of schools
Homeschooling
According to the latest amendments to the Law on school education, homeschooling will be deregulated. Starting from June 1, 2021, each family will be choosing their preferred school in Poland to pass for yearly exams, not only those located in their voivodship. Also, the psycho-emotional assessment specialist opinion nor parents’ declaration of enough equipment at home or parents’ written commitment to bring the pupil for the final exams will be required.
The Law on School Education defines distance learning as receiving general education institutions under the National Curriculum, based on Information and Communication Technologies, and using appropriate teaching methodologies.
Remote or hybrid learning was adopted as a learning strategy during the COVID-19 pandemic. Similar laws were introduced by the former Ministry of Science and Higher Education for Higher Education Institutions (HEIs).
Market contracted (Voucher schools)
No information was found.
Unregistered/Unrecognised schools
No information was found.
The Polish Parliament and Ministry of Education and Science (MoES) are responsible for determining the national educational strategy and legal and policy frameworks for all education levels.
In the case of primary and secondary schooling, there is a dual model of governance. Local authorities based in each of 16 voivodships are responsible for the authorization of schools (JST – Unit of local government) and pedagogical monitoring (local regulatory Units (REAs) as independent units with a mandate of MoES0 for primary and secondary schooling.
Both state and non-state educational institutions must be authorized to operate and follow the same procedures.
The quality of schooling is monitored by Local Regulatory Authorities, located in each of 16 voivodships (provinces).
Vision Poland’s main legal framework includes The Education System Act, the Law on School Education, Regulations on School requirements, organisation and administration, and Regulations on school quality monitoring. The right to establish and operate non-public schools is guaranteed by the Constitution (Article 70, section 3). Both public and non-public schools are supervised by the State with regard to the quality of education and the compliance of their activities with national legislation, though supervision is more extensive in public schools. The State also guarantees that the outcomes of the education process are recognised across the country.
3.1 Regulations by distinct levels of education
Early Childhood Care and Education in Poland covers children from 0 to 3 years old (child-care) and might be provided at homes by parents and/or legal representatives and care units and institutions. Starting from 2018, also non-public legal entities and individuals are allowed to provide ECCE. In 2018 there were mostly private actors (77%) running ECCE places in Poland. They are organized as entrepreneurial (commercial) or non-entrepreneurial (non-commercial) legal entities under private law and can act for profit. In case of
The regulations below apply to the non-state provision of ECCE for children 0 to 3 years old. Regulations regarding children from three to six years old (preschool institutions) are covered by the Law on school education.
Registration and approval: According to the Early Childhood Care and Education Law (2011), to establish an ECCE institution, providers must apply at the relevant municipality fulfilling all the minimum criteria, including building and infrastructure according to the Polish regulations, sanitary and hygienic requirements, staff qualifications according to the national standards and learning and teaching process following the state standards of preschool education. According to age and level, every preschool must comply with the established maximum number of children in education groups and teachers or caregiver-pedagogues.
Licence: Upon approval of the registration, authorizations will be granted for an indefinite period.
Profit-making: According to the Early Childhood Care and Education Act amended in 2018, ECCE institutions can be established as non-profit or for-profit legal entities under private law according to the Civil Code or the Law on Entrepreneurs.
Taxes and subsidies: ECCE institutions receive public funding from the local government. The amount is decided each year by the decision of these authorities. In parallel, the Financing Act states that private preschool institutions receive public funding (100% of per child subsidy) from local governments if they fulfil the requirements set out in the national legislation for preschooling. Finally, the institutions might also apply for various local European union funding dedicated to ECCE.
Quality of teaching and learning
Curriculum and education standards: All ECCE (up to 3 years old) nurseries, regardless of ownership, are supervised according to the Early Childhood Care and Education Act by local government representatives. They must submit their yearly reports to the general system.
The Law on School Education (2016) regulates that all preschool (3 to 6 years old) institutions must have their learning and teaching process following the state standards of preschool education and are supervised by local (province-level) regulatory offices.
Teaching profession: To work in a preschool centre, all teaching staff must meet the professional standards approved by the state. Do NSAs have autonomy over their salaries and working benefits?
Fee-setting: The ECCE institutions benefiting from public funding must follow the limits set on fees.
Admission selection and processes: NSAs may select the candidates according to their statutes and policies, with a priority given to children from large families and children with disabilities. The non-state preschool institutions selected through a competitive process to fill in the demand for this service must follow the standards on admission according to the Law on School Education.
Policies for vulnerable groups: No specific information was found.
Quality assurance, monitoring and accountability
Reporting requirements: No information was found.
Inspection: Local government authorities are responsible for the inspection of ECCE nurseries. No information was found on quality assurance regarding nurseries. In the case of preschool institutions, inspection and supervision is attributed by local (province-level) regulatory offices. Preschools are monitored and supervised according to the pedagogical standards for preschools.
Child assessments: No information was found.
Sanctions: No information was found.
Registration and approval: Legal persons and natural persons may establish schools and non-public institutions after being entered in the records kept by the local government unit obliged to run an appropriate type of public schools and institutions. Non-public art schools are registered after being entered in the records kept by a specialized supervision unit under the Minister of Culture and National Heritage.
Licence: Upon approval of registration, a licence is granted for unlimited time.
Water, sanitation and hygiene (WASH): Schools are obliged to ensure a healthy and safe environment within the school's property during school hours and on school grounds or adjacent areas.
Profit-making: No information was found.
Taxes and subsidies: Non-public schools that have been granted a public-school status, receive a subsidy guarantee from the budget of local authorities (commune or poviat) or in the case of art schools, directly from the government (The Education Funding Act, 2017). The grant corresponds in principle 100% of the running expenses for every student in a public school of the same type and type. It is higher for students with disabilities and then the funding is provided by poviat authorities.
Quality of teaching and learning
Curriculum and education standards: Primary and secondary non-public schools must follow the national curriculum and issue official (national) certificates, apply classification and promoting rules for students, employ teachers with qualifications specified by the Ministry of Education and Science. Teaching in a foreign language is allowed with previous MoEaS approval with mandatory teaching of the Polish language.
Textbooks and learning materials: Textbooks and learning materials must be in accordance with the school curriculum, whereas National Curriculum guidelines or the approved educational program for national and ethnic and regional language minorities.
Teaching profession: According to the Law on School Education, every teacher must meet the minimum professional standards and qualifications established by the MoEaS to work at a state or non-state school in Poland. A person convicted of a crime against sexual freedom and inviolability must not be employed in any educational institution.
Corporal punishment: The Law on School Education states that the school must be a safe place for a student, or any other person working in the school.
Other safety measures and COVID-19: No information was found.
Fee-setting: No information was found.
Admission selection and processes: Admissions to primary schools is based on the area of living. The choice of a secondary school is based on a competitive process of selection.
No specific information was found on regulations on students’ admission.
Policies for vulnerable groups: According to the Polish Constitution, the state must ensure every student's right to receive general education as close as possible to their residence or mother tongue. There is a specific curriculum with textbooks dedicated to national, ethnic and regional minorities available.
Quality assurance, monitoring and accountability
School board: No information was found regarding the requirement for non-state educational institutions to have a school management board, contrary to state schools required to be managed by the school board (‘rada pedagogiczna’).
Reporting requirements: No information was found.
School inspection: No information was found.
Student assessment: No information was found.
Diplomas and degrees: No information was found.
Sanctions: No information was found.
Poland joined the Bologna Process in 2005 and has largely shaped its higher education system. A non-public higher education institution if it is established by a natural person or a legal person other than a local government unit or a state or local government legal person, hereinafter referred to as „the founder”. A higher education institution shall be a university-type higher education (if it conducts scientific activity and has scientific category A+, A or B+, shall provide first-cycle programmes and second-cycle programmes or long-cycle programmes) institution or non-university-type higher education institution (if it provides education taking into account the needs of the socio-economic environment and does not fulfil the condition referred to the former type of HEI and shall provide at least first-cycle programmes).
In 2020/21 non-public university enrolment represented 30,2% of enrolment in Tertiary Education. There are 349 authorized HEIs, 130 public, 219 private (including 10 administered by religious educational institutions).
Registration and approval: Non-public HEI becomes official legal body only when registered in the HEIs non-public evidence run by the Ministry (from January 1, 2021, joint Ministry of Education and Science). The registration requires, among others, initial equity capital in the amount of minimum of 3 million Polish złoty, a list and value of tangible and non-tangible assets, infrastructure, a proposed statute, a strategy and the educational programmes that HEI wants to start with. The opinion on the quality of the education proposal is given by the Polish Accreditation Commission, prior to registration. Authorization (higher education application) is granted based on fulfilling the authorization standards based on the applicant's documentation.
Licence: When all the requirements for authorizations are met, a first licence is granted for six years. The extension of the licence is given for unlimited time if the requirements are met after inspection. In case a University does not apply for accreditation or fails to receive it, the MHEaS can withdraw the authorization: The MoHEaS might refuse the registration if the founder is not financially solvent, owes a debt to the state budget, being individual founder/member of the founding body was sentenced according to the law (general or financial) for intentional crime, is bankrupt or in liquidation (if being a legal person), the statute is illegal, there was a negative recommendation of PAC regarding the registration or establishing a new educational program. If the founder is late with the application to prolong the registration (not earlier than 12 months and not later than 6 before the licenced time), the MoHEaS starts the liquidation process.
Profit-making: The net profit of a non-public higher education institution shall be allocated for statutory objectives.
Taxes and subsidies: Apart from specific subsidies for students and science, such as for the maintenance and development of research potential, the HEIs are exempt from taxes in their educational part of the activity (for example: property tax if (the part) of the property is used for teaching and not for making profits on scientific outcomes, income tax etc.). Accredited educational institutions are eligible to receive government funds according to specific regulations.
Quality of teaching and learning
Curriculum and education standards: To be authorized, higher educational institutions educational programs must follow current legislation on European Credit Transfer and Accumulation System (ECTS). It is required that all academic programmes be developed following the Polish Qualification Framework. New curricula might be introduced without the ministerial consent only by HEIs that have the highest quality of scientific performance (A-B). The standard qualification framework applies to educational programs for professions: doctor, dentist, pharmacist, nurse, midwife, laboratory diagnostician, physiotherapist, paramedic, veterinarian, architect, teacher.
Teaching profession: All staff must fulfil the state's qualifications on HEI qualification requirements for a higher educational institution to attain authorization. HEI must include in the authorization application procedures and qualification requirements for hiring (electing/appointing) academic, scientific, administrative, and support staff.
Fee-setting: A non-public university receives grants for tasks related to financial aid for students and grants for tasks related to creating conditions for disabled people to fully participate in the education process and conduct scientific activity.
Admission selection and processes: The rules of admission are set and published by the non-public HEIs, based on their statutes. However, all the candidates must complete the final secondary exam (matura).
Quality assurance, monitoring and accountability
Board: A non-public higher education institution sets out the rules regarding authorities in their statutes.
Accountability requirements: No additional information was found.
Inspection: The Polish Accreditation Committee (PAC), an independent institution outside the MoES, is responsible for the authorization, accreditation, and monitoring of tertiary educational institutions' education. Existing programs monitoring for accreditation is mandatory for all higher education institutions. The Polish Accreditation Committee (PAC) is an independent institution, acting to ensure and enhance the quality of education. The primary objectives of the Committee are to ensure compliance with quality standards in higher education, reflecting the European and global best practices, and to support public and non-public universities in the process of enhancing the quality of education and developing a quality culture. PAC makes mandatory program evaluations and formulates opinions on applications for granting the right to conduct studies
Assessments: There are no differences between public and non-public schools and the general requirements are stated in Regulation on degree programs (2018).
Diplomas and degrees: There are no differences between public and non-public schools and the general requirements are stated in Regulation on degree programs (2018).
Sanctions: Regulated by the Law on Higher Education and Science. See also Entry/Establishment paragraph.
3.2 Supplementary private tutoring
Although private tutoring is well established in the country, no regulation was found.
No information was found.
Financial operation and quality
No information was found.
No information was found.
This profile was drafted by the Network of Education Policy Centers (NEPC).
