Education Legislation: The Art of the Possible Jan Herczyński SKL Project „Support to Decentralization in Ukraine” Kiev, June 17, 2015

Politics is the Art of the Possible Otto Bismarck in newspaper interview, 1867 Negative meaning: Sceptical, even cynical attitude to what the politicians can in fact do Positive meaning: Reformers need to realize their values and goals, while making the best possible use of the circumstances and opportunities J. Herczyński The Art of the Possible2

Education reform in Ukraine 2015 Conducted in extremely unfavourable external and internal conditions – War in the East – Difficult situation of the national budget Great, sometimes unrealistic expectations of the general public Contradictory visions from different education stakeholders J. Herczyński The Art of the Possible3

Vision of the reform In this situation, education reformers need to start with a clear vision of the reform Vision should be based on the diagnosis of what is not working in Ukrainian education today Vision should propose explicit mechanisms to correct present deficiencies, such as non- satisfactory quality, inefficiencies, corruption J. Herczyński The Art of the Possible4

Why vision is needed? To propose a well-defined path towards a better education system To focus discussions on issues of quality and access To engage all education stakeholders in constructive dialogue, rather than conflict J. Herczyński The Art of the Possible5

Areas of greates concern The following areas of education are widely considered to be of greatest concern: Inefficiency, large numer of very small schools with very small classes Unclearly defined constitutional rights to education, education obligation Lack of clarity about what local governments will manage and finance schools J. Herczyński The Art of the Possible6

Inefficiency of education Is the result of many years of lack of oversight Requires careful analysis of the sources of inefficiencies – Technical staff, individual teaching, school networks Proper decentralization reforms will create responsible owners, who will perform school network optimization New definitions needed in education laws J. Herczyński The Art of the Possible7

Constitutional right to education Covers all education, from preschools to higher education Requires careful formulation to limit the commitment of the central budget Access to schools needs to be ensured So requires new formulations in the law on education J. Herczyński The Art of the Possible8

Territorial administrative reform Territorial administrative reform is necessary to create real local governments: – Of sufficient strenth and fiscal capacity – Democratically elected and governed Different education functions will be assigned to different tiers of this emerging structure of local governments Again, to be regulated in the law on education J. Herczyński The Art of the Possible9

New draft law on education Prepared through a consensus of main education stakeholders – Drafted in a short time – Leaves many important issues to specialized laws (on secondary education and others) Creates new important institutions – Accreditation proces – Education ombudsman Must be seen as a starting point for designing far reaching education reform J. Herczyński The Art of the Possible10

Need for immediate next steps There is a direct need to start now work on new law on secondary education: To implement regulations which draft law on education left to specialized laws To specify areas and directions of education reform To gather consensus around education J. Herczyński The Art of the Possible11

Possible next steps Preparation of a clear vision of the reforms – Written in simple language, addressing real needs of citizens, short and easy to understand Public discussion – Gathering of feedback, recommendations, questions, critical reactions Preparation of legal draft – On the basis of agreed reform agenda J. Herczyński The Art of the Possible12

New law – art of the possible Basic principles should be simple and uncompromizing – But implementation of basic principles may be gradual and step-by-step Rights of students, parents and teachers should be strongly defended in the law – But relevant procedures and instruments may be developed over time J. Herczyński The Art of the Possible13

Thank you! J. Herczyński The Art of the Possible14