Private kindergarten or school: how to start a business in education?
Any person can open a private educational institution. However, this requires a license.

In this article we will talk about the features of opening a kindergarten and school.

Kindergarten carries out preschool educational activities and is created for the purpose of education and development of children aged from three to six (seven) years.

Schools provide children with a complete general secondary education, which has three levels:

o primary education lasting four years;

o basic secondary education lasting five years;

o specialized secondary education lasting three years.

The opening of an educational institution can be divided into the following stages:

1. Choosing a form of economic activity;

2. Search and equipping suitable premises and recruitment;

3. Obtaining a license to conduct educational activities.

At the same time, all educational institutions must comply with the License Conditions for Educational Activities (hereinafter - the License Conditions), approved by the Resolution of the Cabinet of Ministers of Ukraine № 1187 of 30.12.2015. They provide for mandatory requirements, in particular for the premises of the educational institution, staffing and logistics, compliance with which is very important for obtaining a license.

Requirements for educational institutions

Legal form. Both individuals and legal entities can establish a school or kindergarten. However, the school may operate only in the form of a legal entity.

Apartment. Requirements for kindergartens are provided by DBN B.2.2-4: 2018 Preschool education institutions. Buildings and structures. DBN B.2.2-4: 2018 Preschool education institutions. Buildings and structures.

As for the school, its premises must comply of DBN B.2.2-3: 2018 Educational institutions. Buildings and structures.

DBN sets mandatory requirements for the area of premises for various purposes, in particular, for music, physical education, training and games, medical facilities, etc.

In addition, the educational institution must comply of the established sanitary norms and requirements for fire safety.

Staffing. Every educational institution should be provided with teachers, educators and other mandatory staff, including a nurse, psychologist, social educator and teacher-organizer, as well as a cook, cleaner, caretaker, etc. Requirements for the staff of educational institutions, depending on their type, number of students, etc., are provided by the Standard staffing standards approved by the Orders of the Ministry of Education and Science № 1055 from 04.11.2010 (for kindergartens) and № 1205 from 06.12.2010 (for schools).

At the same time, the Standard Staffing Standards for Preschool Education Institutions also provide for the number of educators in kindergarten, while the Standard Staffing Standards for Secondary Education Institutions do not set standards for determining the number of teachers. The number of teacher rates is determined depending on the number of hours according to the curricula developed on the basis of the Standard educational program. To do this, taking into account the division of classes into groups, the number of hours provided for individual and group education of students, other legal requirements for the organization of the educational process, taking into account the norm for one rate - 18 teaching hours per week.

Logistics. The material and technical base of the preschool educational institution includes buildings, structures, land plots, communications, inventory, equipment, vehicles, office housing and more. Requirements for the material and technical base of kindergartens are determined by the relevant construction and sanitary norms and rules, as well as the Model list of play and educational equipment for preschool education, approved by the Order of the Ministry of Education and Science № 1633 from 19.12.2017.

As for the secondary education institution, in order to obtain a license, the school must have:

● premises, sports grounds for conducting a sufficient number of physical education classes, dining room;

● necessary property and training equipment (it is mandatory to have documents confirming the ownership or use of such property);

● approved educational programs;

● one copy of the textbook for each student in the subjects of the educational program or the obligation to provide constant access to their electronic versions.

● library fund, which should consist of fiction and reference books.

The procedure for obtaining a license

Licenses for educational activities in the field of preschool and general secondary education are issued by the relevant regional state administrations for the local location of kindergartens or schools.

Thus, to obtain a license you need to prepare and submit to the licensing authority the following documents:

• the statement of the established form;

• written commitment on material and technical, personnel and educational and methodological support, including in terms of ensuring the safety of children's lives and labor protection;

• documents on the education of the head of the school;

• description of documents (in two copies).

In addition to the above list, the License Terms provide additional documents that are submitted to obtain a license by certain types of educational institutions.

The term of consideration of documents – 10 working days of receipt. The license is issued for an unlimited period.

An administrative fee in the amount of 10 percent of the subsistence level for able-bodied persons, effective on the day of the decision to issue a license (currently it is 227 UAH). The fee is paid by the licensee no later than ten working days from the date of publication on the portal of electronic services of the decision to issue a license (so in case of refusal to issue a license, the fee is not charged).

The procedure for opening a private educational institution is quite complicated, as it requires consideration of many features. For both kindergarten and school, there are separate personnel, logistical and organizational requirements. At the same time, there are a number of legislative acts in the field of education, the norms of which must be complied with.

If you do not know where to start - we advise you to turn to specialists who will provide you with quality legal support in the process of obtaining a license and help avoid all the pitfalls that may arise during the opening of a private educational institution.

13 OCTOBER / 2020

By: Olesia Todoriuk

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