Complete national overview - Poland

Legal System

Responsibilities and administration

Background 

Poland is situated in the centre of Europe and covers 312 679 square kilometres. In the year 2006, Poland had a population of 38.157 million, 61.3% of whom lived in 889 towns and urban areas and 38.7% in rural ones. The country is divided into 16 voivodships (provinces), 379 districts (powiaty) and 2478 local government communes (gminy) (31 December 2006). In 2006 the birth-rate equalled +0.1‰.

In accordance with the Constitution, Poland is a Parliamentary Republic headed by the President of the Republic elected by direct popular vote for five years. The bicameral Parliament consists of the 460 members of the Sejm (lower chamber) and of the 100 members of the Senate. Members of the Sejm and the Senate are elected by General Election for a four-year term.

The overwhelming majority of the population are native Poles. Poland is predominantly Roman Catholic (about 34.2 million baptised). Other religions and denominations are represented by a large number of relatively small communities (among them the biggest are: Orthodox – 510 000, Protestant and related – 148 000, Jehovah witnesses – 128 000). In 2006 the annual increase of the Polish GDP amounted to 6.2%. In 2006 the rate of unemployment was 14.8%.

Basic principles – education 

The period of political transformation, started in 1989, has brought about new legislation, which became the basis for changes in education. The new legislation permitted the development of non-state schools and changes in the structure of enrolment at the upper secondary level (a higher percentage of youths attending general secondary schools), as well as the doubling of the number of students attending higher education institutions.

The Polish school education system (education of all levels below the level of higher education) is based on the following legislation (parliamentary acts):

• The Education System Act of 7 September 1991 (with further amendments)
• The Act of 8 January 1999 on the Implementation of the Education System Reform (with further amendments)
• The Act of 26 January 1982 – Teachers’ Charter (with further amendments).
• The higher education system in Poland is based on the following legislation (parliamentary acts):
• Act of 27 July 2005 – The Law on Higher Education
• The Act of 14 March 2003 on Academic Degrees and Title and on Degrees and Title in the Area of Art
• Act of 8 October 2004 on the Rules of Financing Research
• The Act of 17 July 1998 on Loans and Credits for Students (with further amendments).

The new Act on Higher Education was adopted on the 27 July 2005 replacing the Act on Schools of Higher Education and the Act on Higher Vocational Schools. The new Act has been operational since the academic year 2005/06.

The basic principles of the Polish school education system are included in the Education System Act of 7 September 1991, with further amendments.

Education is defined as part of ‘the common welfare of the whole of society’. It should be guided by the principles contained in the Constitution and by instructions included in universal, international legislation and conventions.

In particular, this system should provide, among other things, a fulfilment of the right of each citizen in the Republic of Poland to learn and the right of children and young people to be educated and cared for; support provided by schools to back up the educational role of the family; the possibility for various entities to establish and run schools and institutions; the adjustment of the contents, methods and organisation of education to pupils’ psycho-physical abilities, and the possibility to avail oneself of psychological assistance and of special forms of didactic work; the possibility for disabled and maladjusted children and young people to learn at all types of schools and general access to secondary schools.

Distribution of responsibilities for the organisation and administration of the education and training system 

The main role in initiating and exercising control over current and long-term educational policy is played by the Minister of National Education with respect to school education and by the Minister of Science and Higher Education with respect to higher education (since 5 May 2006). Through its members in the Education Committee, the Sejm [Lower Chamber of the Parliament] may present its proposals and initiatives, although, in the majority of cases, the Committee works on materials that have originally been prepared by the Ministry of National Education. 

The Parliament is responsible for the final version of legal acts that determine the orientation of educational policy and the amount of money earmarked for education. Teachers’ Unions have a considerable role in shaping current educational policy. The Minister of National Education is obliged to consult Teachers’ Unions on the most important decisions, and in certain cases he/she must have their approval.

The Ministry of National Education is responsible for nearly the whole system of education, with the exception of higher education which is under the supervision of the Minister of Science and Higher Education. Vocational schools, which in the past were run by other ministries, are now the responsibility of the Ministry of National Education. At present only a few schools (artistic – only with respect to artistic subjects, as well as correctional institutions) are under the supervision of the Ministry of Culture and the Ministry of Justice, respectively. The reform of the State administration system and the education reform assume that only the national educational policy will be developed and carried out centrally, while the administration of education and the running of schools, pre-school institutions and other educational establishments are decentralised. The responsibility for the administration of public kindergartens, primary schools and gymnasia has been delegated to local authorities (communes). It has become the statutory responsibility of powiaty (districts) to administer upper secondary schools, artistic and special schools. The provinces (voivodships) have the co-ordinating function, supervising the implementation of the policy of the Ministry and being responsible for pedagogical supervision.

Central level

This is the responsibility of the Minister of National Education, deputy-ministers and the Director General. Deputy-ministers are responsible for such matters as e.g. school systems or international co-operation. The Minister of Science and Higher Education is responsible for higher education and scientific research, as well as formulating educational policy with respect to higher education with support from the General Council for Higher Education.

The Minister of National Education co-ordinates and carries out the state education policy, supervises partially the work of education superintendents (kuratoria) and co-operates with other organisational bodies and units in the field of education. The Minister determines the following groups of problems and tasks:

1. Outline timetables;

2. Core curricula for pre-primary education, for compulsory general subjects and general vocational education;

3. Conditions and procedures for the approval of curricula and textbooks for school use; the recommendation on teaching aids as well as lists of those curricula, textbooks and aids;

4. Rules for assessing and promoting pupils and for conducting tests and examinations;

5. Requirement standards being the basis for tests and examinations;

6. Record keeping methods concerning the teaching process and educational activities, as well as types of these records;

7. Rules and conditions for implementing innovations and experiments by schools or other institutions;

8. Organisation of the school year;

9. Establishing rules for subject competitions and national competitions;

10. Rules and conditions for organising care for pupils with special educational needs in mainstream and integration schools, and organising special education;

11. Rules and conditions for organising psychological and pedagogical assistance for pupils;

12. Procedures for organising correctional gymnastics and optional physical education lessons;

13. Rules and conditions for organising tourism and sightseeing activities by schools.

The following matters are under supervision of the Minister of Science and Higher Education: development of research in Poland, studies for students and PhD students, and functioning of higher education institutions.

Regional level

Regional level in Poland is the level of voivodship. As from 1999 the number of voivodships is 16.

The education superintendent (kurator) is the chief educational body at the regional level.

He is responsible for the general administration of education in a voivodship. He is appointed by the head of the province, the voivode, so he is a regional administration official supervised by the voivode (a voivode is subordinate to the prime minister). The education superintendent implements the policy of the Minister of National Education.

On behalf of the voivode, the superintendent is responsible for:

1. Pedagogical supervision over public and non-public schools and educational institutions, including central in-service teacher training institutions located in the given region.

2. Administrative decisions in certain fields defined by the Education System Act.

3. Co-operation with school councils.

4. Administrative decisions regarding public and non-public schools – as an administrative body superior to the self-government units; and administrative decisions regarding compulsory education and expulsion of pupils from schools – as a body superior to a school head.

5. Implementation of the state educational policy, co-operation with territorial self-government units in the creation and implementation of the local and regional educational policy coherent with the state policy.

5a. Issuing opinions on documents regarding the organisation of schools and institutions before their final approval (with the exception of institutions run by ministers).

5b. Issuing opinions on the work plans for in-service teacher training institutions (with the exception of institutions run by ministers).

5c. Preparation of plans for the use of funds for in-service teacher training earmarked in the regional budget upon consultation with relevant trade unions.

6. Organisation of subject ‘Olympics’, competitions and contests for pupils in the given region and presentation of pupils achievements in the respective voivodship.

7. Co-operation with regional examination commissions.

8. Diagnosis of teachers’ needs in terms of in-service training, organisation and co-ordination of activities related to in-service teacher training, co-operation with school running bodies, promotion of in-service teacher training, especially of the training related to the innovation in education approach.

9. Support to the organisation of tests and exams.

10. Co-operation with territorial self-government units with regard to the financial situation of schools and institutions.

11. Co-operation with relevant bodies on the matter of conditions for children’s development including prevention of pathologies and support to such organisations and institutions.

12. Co-ordination, support and supervision of organisation of summer and winter holidays in the given region.

At the motion of the kurator, the respective head of province (voivode) can establish representations, or branches, of superintendent’s office (so-called delegatury) for smaller areas of the region. The branches have the same powers as kurator.

At the regional level, voivodship self-governments are responsible for running certain types of educational institutions. These institutions are: teacher training colleges, teacher in-service training centres, pedagogical libraries, schools and institutions of importance for a given region or the whole country.

District level

The district level in Poland is the level of powiat (an intermediate administrative unit between the voivodship and the commune, established by an Act on the introduction of the three-tier administrative division of the country of 24 July 1998). There are 379 powiaty now.

Powiaty exercise administrative control over upper secondary general (liceum ogólnokształcące, liceum profilowane) and vocational (technikum, zasadnicza szkoła zawodowa) schools, as well as over post-secondary schools (szkoła policealna) and public special schools. They are also responsible for the management of artistic schools, sports schools, lifelong education centres, psychological and pedagogical guidance centres, and out-of-school education centres.

Local level

Local level in Poland is the level of commune (gmina). There are 2 478 gminy, of which most are rural.

Communes are responsible for the running of the pre-school institutions, primary schools and lower secondary schools called gymnasium (gimnazjum). Pedagogical supervision is excluded from their tasks – it is the responsibility of the education superintendent (kurator).

Educational institutions

School heads are recruited on the basis of an open competition and employed by the school management for 5 years. In justified cases this period may be shortened, but not shorter than 1 school year.

In consultation with the school management, I. e. the commune or the powiat, the school head appoints and dismisses his/her deputy and other executive staff, if those posts are in agreement with the statute of a school (pre-school institution).

In particular, the school head:

• manages the school (institution) and represents it externally;
• exercises pedagogical supervision;
• takes care of pupils and provides a background for their harmonious psychological and physical development through various pro-health activities;
• Implements the resolutions of the school council or the teachers’ council (undertaken in accordance with their competencies);
• is in charge of financial means and is responsible for their proper use;
• co-operates with higher education and teacher training institutions in the field of organising teacher pedagogical training;
• is responsible for the organisation and implementation of the tests and exams in his/her school.
• employs teachers and non-teaching staff

The measurement of educational achievements and the partial assessment of school performance are carried out now by the Central Examination Commission and eight Regional Examination Commissions. The external test at the end of the primary school and the external examination at the end of gymnasium have already been implemented (for the first time organised in 2002). These examinations are conducted by the Regional Examination Commissions. In May 2005 a new external Matura examination was introduced at the end of upper secondary general and specialised schools.

External support for schools and teachers is mainly provided by the National In-Service Teacher Training Centre, by regional centres and by educational advisors. There are 559 public centres for psychological and pedagogical support in Poland (including 29 specialist ones). Their tasks include as follows: support to children, youths, parents and teachers in learning difficulties, behavioural problems also connected with drugs and alcohol and therapy in the case of development problems and prevention of addictions.

The second field of activity of these centres is focused on counselling and guidance when a child chooses post-gymnasium school or his/her future profession.

Some large schools employ special teachers, psychologists, speech therapists or career advisers who organise special classes and contribute to the solving of individual or internal school problems. Staff decides also on the following matters:

• Employment and dismissal of teachers and non-teaching staff;
• In co-operation with the school running body – teacher salaries (in general they are determined at the central level, however there is a scope for variation at the institutional level);
• Discipline and reprimands;
• Proposals concerning rewards and honours awarded at upper levels.

Financing

As from 1999, and in its complete form from 2000, all educational tasks carried out by the three levels of territorial self-government are financed in the framework of general subsidy from the state budget. In the year 2000 a uniform system of allocation of funds with the use of the algorithmic formula based on the number of pupils was adopted for the whole education system. This formula is based on the real number of pupils, adequately increased by a system of identification which takes into account specific conditions (i.e. rural areas, small towns) as well as specific educational tasks, (i.e. presence of SEN pupils, integration of SEN pupils in mainstream education, vocational training, sports schools). The territorial self-government unit, as a body running or supporting the school, is responsible for the designing of a budget program (i.e. a plan of expenditure) for all schools and educational institutions in its respective area. Educational investments belong to territorial self-governments’ own tasks, although they can be co-financed from the state budget through regional authorities.

Private schools

In line with the Education System Act of 1991, schools can be of two types: public (state) schools, which offer free education within the framework of the core curricula, and non-public schools. The latter can be civic (social), church or private schools. The schools were called ‘social’ or ‘civic’ because of the huge amount of work that was invested in them by people from local communities – mostly parents and teachers. All these schools may have their own curricula, which are approved by the Minister of National Education. They are financed by fees received from parents. Funds can also come from private enterprises and foundations. Non-public schools with the rights of public schools are eligible for a grant calculated according to the number of pupils, which equals 100% of the average cost of educating a pupil in a public school.

Non-public schools in Poland have the right to issue school certificates that are recognised by all other schools and by the universities. Most non-public schools have small numbers of pupils and small classes. They may be distinguished from the public schools by their individualised teaching programs, by a wider range of curriculum choice and by a higher standard of foreign language teaching. In the 2006/2007 school year, there were 808 non-public primary schools (221 private, 81 church and 506 civic), 645 non-public lower secondary schools (205 private, 124 church and 316 civic), 447 non-public general upper secondary schools (179 private, 105 church and 163 civic), and 323 non-public vocational secondary and basic vocational schools – 2223 non-public schools altogether. Non-public primary school pupils make up 2.0% of the total number of pupils attending primary schools, pupils in non-public lower secondary schools – 2.9%, non-public general upper secondary school pupils – about 4.3% and non-public vocational secondary and basic vocational school pupils – 2.6%.