Primary education is an activity of direct social interest and is carried out as a public service. Primary education and upbringing are carried out in accordance with the Constitution, the Law on the Foundations of the System of Education and Upbringing (“Official Gazette of the RS”, Nos. 88/2017, 27/2018 – other law, 10/2019, 27/2018 – other law, 6/2020, 129/2021, 92/2023, and 19/2025), ratified international conventions, charters, agreements, and the Law on Primary Education and Upbringing (“Official Gazette of the RS”, Nos. 55/2013, 101/2017, 10/2019, 27/2018 – other law, 129/2021, 92/2023, and 19/2025).
The activity of primary education is performed by a primary school, namely:
- primary school
- primary school for adult education
- primary music school
- primary ballet school
- primary school for students with developmental disabilities and disabilities.
Notably, the activity of primary education may also be carried out by an educational centre, an institution that provides not only preschool and primary education but also secondary education.
The activity of adult primary education is carried out in accordance with the Law on the Foundations of the System of Education and Upbringing (“Official Gazette of the RS”, Nos. 88/2017, 27/2018 – other Law, 10/2019, 27/2018 – other Law, 6/2020, 129/2021, 92/2023, and 19/2025) and a special law governing the field of adult education, namely the Law on Adult Education (“Official Gazette of the RS”, Nos. 55/2013, 88/2017 – other Law, 27/2018 – other Law, and 6/2020 – other Law).
A primary school conducts the activity of primary education by implementing its school program within the school and other premises, through the organisation of a separate unit. A primary school may implement a preparatory preschool program. It may also provide accommodation and meals for students.
Establishment of a Private Primary School
A private primary school is established in accordance with the provisions of the Law on the Foundations of the System of Education and Upbringing (“Official Gazette of the RS”, Nos. 88/2017, 27/2018 – other law, 10/2019, 27/2018 – other Law, 6/2020, 129/2021, 92/2023, and 19/2025).
According to the founder, a primary school can be either public or private.
The Republic of Serbia, an autonomous province or a unit of local self-government, is the founder of a public primary school.
Another domestic or foreign legal or natural person is the founder of a private primary school.
If there are multiple founders of a primary school, their mutual rights and obligations shall be regulated by a contract.
A primary school may also be established under the model of a public-private partnership in the field of education, in accordance with the Law governing public-private partnerships and public property.
A private primary school may begin operating and performing its activities once it is determined that it meets the conditions for establishment, commencement of work, and performance of activities, obtains a decision on verification, and is entered into the register of the competent authority.
A parent or other legal guardian of a child or pupil may choose to enrol them in a private primary school, with the obligation to cover the costs of education and upbringing.
Governing Bodies of a Private Primary School
A private primary school has governing, management, professional, and advisory bodies in accordance with the Law on the Foundations of the System of Education and Upbringing (“Official Gazette of the RS”, nos. 88/2017, 27/2018 – other law, 10/2019, 27/2018 – other Law, 6/2020, 129/2021, 92/2023, and 19/2025), the founding act, and the general act.
The composition and appointment of governing and professional bodies of a private primary school are regulated by the general act. The private primary school ensures equal representation of parents in the governing body.
Requirements for Establishing a Private Primary School
A private primary school may be established by a legal or natural person if:
- It has an education and upbringing program
- It has secured funds for establishment and operation
- It has a guarantee from a commercial bank that the funds necessary for the full cycle of primary education and upbringing are secured.
A natural person cannot be the founder of a private primary school if they have been convicted by a final judgment for the following criminal offenses: domestic violence, abduction of a minor, neglect or abuse of a minor, incest, bribery, criminal offenses related to sexual freedom, legal traffic, crimes against humanity and other values protected by international Law — regardless of the imposed criminal sanction — as well as those for whom discriminatory behaviour has been established under the Law; for criminal offenses against life and body, against the constitutional order of the Republic of Serbia, or for any other criminal offense committed to the detriment of a child, and for any criminal offense for which an unconditional prison sentence of at least three months has been imposed.
Conditions for Commencing Work and Performing Activities of a Private Primary School
A private primary school may begin operations and carry out educational and upbringing activities if it meets the conditions for establishment and has:
- The prescribed premises, equipment, and teaching or didactic materials
- Employed teachers and professional associates, and statements of consent from teachers and professional associates confirming that they will enter into employment no later than the day the school begins operation
- Enrolled regular pupils
- Ensured hygienic and technical conditions (sanitary and fire protection), in accordance with regulations governing this area.
Detailed conditions regarding school premises, equipment, and teaching materials that a primary school must fulfil to begin operations and carry out its activities are regulated by the provisions of the Rulebook on Detailed Conditions for the Establishment, Commencement of Work, and Performance of Activities of a Primary School (“Official Gazette of RS – Educational Gazette”, nos. 5/2019 and 16/2020). The prescribed standards contain the minimum requirements that the founder of a primary school must ensure.
Separate Unit of a Private Primary School
A private primary school that has obtained a verification decision may operate outside its registered headquarters at a separate unit (school facility or other premises) if it meets the conditions prescribed by the Law on the Foundations of the System of Education and Upbringing (“Official Gazette of RS”, nos. 88/2017, 27/2018 – other law, 10/2019, 27/2018 – other Law, 6/2020, 129/2021, 92/2023, and 19/2025). Teaching and other educational activities outside the central location must respect the specific demographic, geographic, economic, and cultural characteristics of the area.
A private primary school may begin operating outside its headquarters only upon receiving a verification decision for performing educational activities at the separate unit, in accordance with the Law on the Foundations of the System of Education and Upbringing (“Official Gazette of RS”, nos. 88/2017, 27/2018 – other law, 10/2019, 27/2018 – other Law, 6/2020, 129/2021, 92/2023, and 19/2025) and the Rulebook on Detailed Conditions for the Establishment, Commencement of Work, and Operation of Primary Schools (“Official Gazette of RS – Educational Gazette”, nos. 5/2019 and 16/2020).
A separate unit does not have the status of a legal entity.
Verification
A private primary school may begin operations only after it has been determined that the conditions for its establishment, commencement of work, and performance of activities are met, and after obtaining a verification decision.
Additionally, the request for verification must be submitted when a private elementary school undergoes a status change, changes its headquarters or school facility, organises activities in a separate unit, introduces a new educational profile, such as when a primary school implements a preparatory preschool program or a primary education program for adults.
The request for verification contains: the name, headquarters and type of private primary school, education and upbringing program, the language in which the educational work will be carried out, the reasons and justification for the establishment and the conditions provided by the founder for starting work and carrying out activities. The request shall be accompanied by the Primary School Foundation Act and evidence of the fulfilment of the conditions for the establishment of a private primary school and the conditions for starting work and carrying out the activities of a private primary school.
The request for verification of the primary school must be submitted no later than February 28 of the current school year for the upcoming school year.
The Ministry of Education, Science and Technological Development of the Republic of Serbia decides on the request for verification within six months of receiving a complete and valid application. The verification decision is final in the administrative procedure.
Foreign Primary School
According to the education and upbringing program it implements, a primary school may be a national primary school or a foreign primary school.
A foreign primary school is an institution that implements a program adopted and accredited abroad, and may be established by a foreign country, a foreign or domestic legal or natural person.
A foreign primary school must meet the requirements for establishment, commencement of work, and performance of activities, that is, obtain an approval decision for operation from the Ministry of Education, Science and Technological Development of the Republic of Serbia and be entered into the register of the competent authority.
A official document issued by a foreign primary school is recognized and equated with a official document issued by a national primary school, after the procedure for recognition of a foreign school document is conducted under the conditions and in the procedure prescribed by a special law, i.e., the Law on the National Qualifications Framework of the Republic of Serbia (“Official Gazette of RS”, nos. 27/2018, 6/2020, 129/2021 – other law, and 76/2023).
Language of Educational Work Implementation
Educational work is implemented in the Serbian language and Cyrillic script.
For members of national minorities, educational work is implemented in the language and script of the national minority. Exceptionally, for members of national minorities, educational work may also be conducted bilingually in the language and script of the national minority and in the Serbian language.
Educational work may be conducted in a foreign language, or bilingually in a foreign and Serbian language, or in a foreign language and the language and script of a national minority, with the approval of the Ministry of Education, Science and Technological Development of the Republic of Serbia.
Detailed conditions for bilingual implementation of the educational program, in Serbian, the language of the national minority, and a foreign language, are prescribed by the provisions of the Rulebook on Detailed Conditions for the Implementation of Bilingual Teaching (“Official Gazette of RS”, nos. 105/2015, 50/2016, and 35/2017).
When education is acquired in a national minority language, a foreign language, or bilingually, learning the Serbian language is mandatory.
Educational work for a person who uses sign language, a specific script, or other technical solutions may be conducted in sign language and using the means of that language.
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