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Mandatory rе-registration for private kindergartens and schools

With the adoption of the entirely new Law on pre-school and school education (LPSE) (in force since July 1st 2016)  public relations connected to the ensuring of the right of pre-school and school education were amended, as well as the structure, functions, organization, management and financing of the system of pre-school and school education. Compared to the abolished National Education Act, significant amendments can occur in relation to the requirements for the establishment, transformation and termination of the activity of private kindergartens and schools.

According to the new LPSE private kindergartens and private schools acquire the quality of legal entity under the terms and procedures of the Commerce Act, the Law on non-profit legal entities, the Law on cooperations or the legislation of another member-state. Some limitations have been introduced with the new law – for example private kindergartens and schools cannot be established as commercial companies – public enterprises.

Private kindergartens and schools must qualify to a number of new requirements – e.g.  the word “private” must be included in their name, their seat and address of management must be identical to the address where the educational process is implemented; the main activity must be specified as “activity of a kindergarten/school”, etc.

Until the end of July 2017 persons that have acquired permission for the establishment of a private kindergarten or private school under the terms and procedures of the abolished National Education Act must adjust their legal status or their registration to the requirements of the new Law or to establish a private kindergarten/private school as commercial company, cooperation or non-profit legal entity.

Not later than one month after the expiry of the above period, i.e. by the end of August 2017, the persons that have acquired permission for the establishment of private kindergarten or private school under the terms and procedures of the   abolished National Education Act are obligated to submit an application for the continuation of the activity of private kindergarten or private school under the terms and procedures provided in the new Law.

After the end of August 2017, the Minister of Education and Science will close down by Order all private kindergartens and private schools for which no application for continuation of activity has been submitted. The order must be published in the Official Gazette and shall enter into force on the day of its promulgation unless it is does provide otherwise.

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