Can students obtain basic secondary education at the gymnasium’s branches?
- Mar 31
- 3 min read
«Can a “gymnasium” branch be part of a gymnasium? Analysis of the legislation»
In the context of the reform of specialised secondary education, a question arises: can a type of general secondary education institution such as a “gymnasium” have a separate structural unit (branch) in which educational activities are conducted at the level of, in particular, basic secondary education (the “gymnasium” level)?
The answer is: It can. This possibility is provided for by the following legislation:
The Law of Ukraine ‘On Education’ stipulates that, in order to ensure territorial accessibility to full general secondary education, founders shall establish and maintain a network of educational institutions and their branches.
In its turn, Part 3 of Article 13 of the aforementioned Law stipulates that, with a view to bringing children’s place of education closer to their place of residence in the relevant locality, a branch of an educational institution may be established. A branch of an educational institution is a geographically separate structural unit of an educational institution that does not have the status of a legal entity and operates on the basis of regulations approved by the founder of the relevant educational institution, based on model regulations approved by the central executive authority in charge of education and science.
In compliance with Article 31(4) of the Law of Ukraine ‘On Complete General Secondary Education’, it is also stipulated that a general secondary education institution may have one or more branches.
In other words, the law does not impose any restrictions on a gymnasium having branches.
Notably, in compliance with Article 95 of the Civil Code of Ukraine, a branch is defined as a separate subdivision of a legal entity that is located outside its registered office and performs all or part of its functions. Taking this provision into account, we conclude that a gymnasium may have branches located outside the premises of the gymnasium itself, in which, for example, education may be provided:
only at the level of basic secondary education, or;
at the level of primary education and at the level of basic secondary education, or;
only at the level of primary education.
A branch is established by the founder of the general secondary education institution, and the choice of one of the above options for the operation of the branch will generally depend on the number of pupils and the capacity of the branch’s premises.
Now, regarding the provisions of the Model Regulations on Branches of Educational Institutions. These state that a branch provides primary and/or basic secondary education. A branch may include a unit within its structure that provides pre-school education. Bearing this provision in mind, note that a gymnasium may include a branch which could have a pre-school unit.
Please note, however, that this option is not available for lyceum branches. Nor is it possible for a lyceum branch to provide education at the level of specialised secondary education. Indeed, lyceum branches may only provide education at the primary (if so provided by the founder) and basic secondary education levels. The final choice of the model – establishing a new institution or transforming an existing one – depends on the specific conditions, resources and priorities of each community.
The DECIDE project is implemented by NGO DOCCU and PHZH International Projects in Education with the support of the Embassy of Switzerland in Ukraine.