Law on the Foundations of the Education and Upbringing System

Establishment of private preschool institution

The preschool institutions are the holders of preschool upbringing and education.

The field of preschool upbringing and education is regulated by the following laws:

  • Law on the Foundations of the Education and Upbringing System (“Official Gazette of the Republic of Serbia” No. 88/2017)
  • Law on Preschool Upbringing and Education (“Official Gazette of the Republic of Serbia”, No. 18/2010) and
  • Law on Public Services (“Official Gazette of RS”, Nos. 42/91, 71/94, 79/2005 – D. Law, 81/2005 – Official Gazette, 83/2005 – 83/2014 – the law).

Given that the activity of preschool education is a matter of immediate social interest and it is realized as a public service, the regulations on public services apply to the establishment and operation of such an institution.

Preschool upbringing and education means the upbringing and education of pre-school children, that is, the age of six months prior to going to elementary school.

Establishment of an preschool institution

The preschool institution may be founded by the Republic of Serbia, the autonomous province, the local self-government units, national councils of national minorities and other legal or natural persons.

According to the founder, the preschool institution may be a public institution or a private institution.

The Republic of Serbia, the autonomous province or the local self-government unit is the founder of a public institution.

The founder of a private institution may be another domestic and foreign legal or natural person.

The competent commercial court keeps a register of preschool institutions.

The founder of an institution can not be a natural person convicted by a final judgment for a criminal offenses of domestic violence, forfeiture of a minor, abandonment and abuse of a minor face or cerebellum, for a criminal offense receiving a bribe or giving a bribe; for the criminal offense of a group of criminal offenses against sexual freedom, against legal traffic and against humanity and other goods protected by international law, irrespective of the criminal sanction imposed and for whom no discriminatory behavior has been established in accordance with the law; for the criminal offense against life and body, against the constitutional arrangement of the Republic of Serbia and other criminal offense committed to the detriment of the child, as well as for a criminal offense for which a unconditional sentence of imprisonment of at least three months has been imposed.

The establishment, organization and operation of the preschool institution shall be subject to the regulations applicable to companies, unless otherwise provided by law.

Act on Founding of Preschool Institution

The founder of the preschool institution provides the funds necessary for establishing and commencing the work of the institution and adopts the founding act.

According to provisions of Article 13 of the Law on Public Services the Act on Founding contains in particular:

  • the name of the founder
  • name and location of the institution
  • activity of the institution
  • the amount of funds for establishing and commencing the work of the institution and the manner of securing funds
  • the rights and obligations of the founder in the performance of the activity for which the preschool institution is established
  • mutual rights and obligations of the institution and founder
  • determination of the body managing the institution in establishment and its powers
  • a person who, until the appointment of the head of the institution, will perform his duties and exercise his authority
  • the deadline for the adoption of the Statute, the appointment of the Director and the Managing Authority.

When establishing the founder of several founders, their mutual rights, obligations and responsibilities are regulated by a contract.

The preschool institution shall be entered in the court register when the competent administrative authority establishes that the conditions for commencement and operation of the activities prescribed by law have been fulfilled.

The preschool institution acquires the status of a legal entity by entering it into the court register.

The organs of an preschool institution are the director, administrative and supervisory board, unless otherwise provided by law.

Statute of the preschool institution

The preschool institution must have a statute.

The Statute is the basic general act of the institution that regulates the organization, manner of operation, management and management of the institution, the behavior of the institution’s bodies in order to ensure the exercise of the rights and duties of children and pupils, the protection and safety of children, students and employees and measures to prevent violations of the prohibitions established by this Law, the manner of publishing general acts and informing all interested parties about the decisions of the authorities and other issues, in accordance with the law.

Requirements for establishment, commencement and operation of the institution

A legal or natural person may establish an institution if:

  • there is a need for the upbringing and education of children in a particular area
  • has a program of education and upbringing
  • has provided funds for founding and operating
  • has a guarantee from the commercial bank that the funds have been provided in the amount of the necessary funds for a year of work of the preschool institution.

The institution may start work and perform the activity of education and upbringing, if it meets the conditions for establishment and has:

  • prescribed space, equipment and teaching or didactic means
  • teachers, educators and professional associates in the employment relationship, ie the statement of the consent of the teachers, educators and professional associates to establish the employment relationship at the latest at the commencement of the work of the institution
  • enrolled children, ie regular students
  • provided hygienic and technical conditions (sanitary and fire prevention), in accordance with the regulations regulating this area.

Detailed conditions for establishing, commencement and operation of the institution are prescribed by the Ordinance on detailed requirements for starting work and performing activities of the institution (“Official Gazette of RS”, No. 50/94 and 6/96).

Extended activity of the institution

An institution that has a verification decision can perform another activity that is in the function of education and training, so-called. expanded activity, provided that it does not interfere with the performance of education and training activities.

The expanded activity of the institution can be the provision of services, production, sales and other activity, in accordance with the regulations governing the classification of activities.

The decision on extending the activity brings the management body, with the consent of the Ministry of Education, Science and Technological Development.

Verification of the preschool institutions

The preschool institution can only start its work when it is determined that it meets the conditions for establishing and commencing work and for conducting activities, and when it receives the decision on verification.

Verification of preschool institutions is a procedure for determining the fulfillment of the prescribed conditions in terms of space, equipment, teaching materials and teaching staff for the performance of basic education and upbringing activities.

The obligation to verify institutions is prescribed by the Law on the Foundations of the Education and Upbringing System.

Every institution that performs education and upbringing shall be obliged to submit to the competent authority, ie the Ministry of Education, Science and Technological Development, a request for verification of the institution with complete documentation prescribed by law.

The request for verification is also submitted when the status change is carried out in the institution, the headquarters are changed or the facility, the work is organized in a separate department, it introduces a new educational profile or realizes a new program of education and upbringing.

The application for verification includes:

  • the name, seat and type of the preschool institution
  • education and upbringing program
  • the language in which the educational-upbringing work will be carried out
  • the reasons and the justification of the establishment and
  • the conditions which shall be provided by the founder for the commencement of work and conducting activities.

With the request shall be submitted the act on establishing the institution and evidences of the fulfillment of the condition for the establishment of private preschool institution that are prescribed by provisions of Article 91 of the Law on the Foundations of the Education and Upbringing System and the conditions for the start of work and carring out of activities of the institution, which are prescribed by the provisions of Article 92 of the Law on the Foundations of the Education and Upbringing System.

Read more:
Change of the company’s legal form and status changes »
Status changes according to the Law on Business companies – concept and types »

Leave a Reply

Your email address will not be published. Required fields are marked *