The reform of specialised secondary education requires balanced strategic decisions from communities on the establishment of academic lyceums. One of the key issues is determining the optimal establishment procedure that will comply with legal requirements, ensure the high quality and competitiveness of specialised education, and minimise potential risks and problems in the future. According to the Law of Ukraine ‘On Complete General Secondary Education’, lyceums provide specialised secondary education (Grades 10–12), have their own structure, staff, and charter. It is worth noting that the founders (local councils) have to form a network of such independent educational institutions by 1 September 2027. Mistakes made at the stage of selecting a model for establishing an academic lyceum will be difficult or impossible to correct in the future without re-organising the educational institution. This, in turn, entails legal, personnel, and financial risks for the founder.

There are several options for establishing academic lyceums as separate legal entities, including:

1. establishing a new legal entity from scratch;
2. reorganising an existing institution.

We will now discuss the advantages of the first option – establishing an academic lyceum as a new legal entity. This option has a number of advantages that allow for the creation of a modern educational environment from scratch in line with the requirements of the NUS (New Ukrainian School) reform.

The main advantages are:

1. Building a new team and corporate culture

• Recruitment: establishing a new institution allows for the appointment of a leader who is motivated and capable of creating a new standard of secondary school. Likewise, building the lyceum’s staff from scratch provides an opportunity to attract the best teachers who share the values of a specialised school and are proficient in modern teaching methods;
• No “inertia”: a new educational institution is not burdened by old conflicts, traditions or management methods, which are often characteristic of reorganised schools;
• Building a new team within a separate legal entity is also directly linked to the implementation of academic, organisational, staffing, and financial autonomy for the educational institution, as provided for by law, which is critically important for the proper development of a specialised secondary school.

2. Avoiding legal challenges

Establishing an academic lyceum “from scratch” prevents a number of conflicts and unpleasant situations, as, In contrast to reorganisation, the creation of a new legal entity does not require compliance with a number of complex regulations stipulated by law (a one-year public consultation period for rural communities, the issuance of relevant staffing orders, changes to the staffing table, the transfer of employees in compliance with labour legislation, the preservation of employment relationships, and the offer of alternative employment).

3. Profile specialisation and reputation

• Clear branding: it is easier to promote a new lyceum as a fundamentally different, elite, or specialised institution. This attracts motivated students from the community and neighbouring communities, and if a boarding facility is available, students from across the region may also express an interest in studying there.
• Separation from primary school: in line with the requirements of the Law of Ukraine ‘On Complete General Secondary Education’, academic lyceums are required to function as independent legal entities and be institutionally separate from primary schools. This approach is driven by the need for a clear distinction between levels of education, taking into account their different educational objectives, content, and organisation of the educational process. Establishing a separate legal entity for an academic lyceum is the most effective mechanism for implementing this separation, as it ensures autonomy in management, staffing policy, and educational programmes. It also enables the creation of an educational environment focused on specialised secondary education and as closely aligned as possible in its characteristics with models inherent in higher education institutions. Combining primary, basic, and specialised secondary education within a single institution complicates management, blurs the educational mission of the academic lyceum, and effectively undermines the concept of specialisation in senior secondary education.

All the advantages mentioned above are not theoretical but are confirmed by practical experience. For example, there is a successful case of organising the work of an academic lyceum through the establishment of a new legal entity in Pustomyty, Lviv region. The experience of the Pustomytivska community demonstrates that establishing an academic lyceum as a new legal entity allows for the rapid development of an effective management model, ensures the recruitment of high-quality staff, and creates an educational environment specifically designed for senior secondary students.

A step-by-step algorithm for establishing an academic lyceum from scratch

1. Preliminary analysis of information, needs assessment, formulation of policy decisions and management positions:

• Adoption of a fundamental decision on the model for establishing an academic lyceum, creation of a working group (comprising local government officials) to analyse, formulate proposals, and communicate with the council, the teaching community, and parents;
• Assessment of the potential number of students who can study at the lyceum, analysis of transport infrastructure (road conditions, availability of school buses, accessible public transport network), calculation of requirements relating to the number of teaching staff, their qualifications, and the list of equipment and technology necessary to ensure the functioning of the lyceum, preparation of proposals on premises for the lyceum.

2. Adoption of resolutions by the founder (local council)

• On the establishment of an academic lyceum as a general secondary education institution;
• On the approval of the Charter of the lyceum (in compliance with the requirements of the Law of Ukraine ‘On Complete General Secondary Education’);
• On the transfer to operational management of the property necessary for the functioning of the lyceum (premises, land plot, equipment, or other items);
• On the appointment of an authorised person or commission for the state registration of the legal entity and the organisation of initial organisational and legal procedures.

3. Registration of the lyceum as a legal entity

Submission by an official (specified in the local council’s resolution on the establishment of the lyceum) to the state registrar of an application and relevant documents for state registration of the lyceum as a legal entity and obtaining an Excerpt from the Unified State Register.

4. Appointment of the principal of the lyceum

Conducting a competitive selection process for the post of lyceum principal in compliance with Articles 37–39 of the Law of Ukraine ‘On Complete General Secondary Education’ or appointing the principal by order of the mayor (founder) without a competitive selection process (Part 5 of Article 10 of the Law of Ukraine ‘On the Legal Regime of Martial Law’). The decision is based on the founder’s choice.

5. Obtaining a licence to conduct educational activities

Preparation and submission of documents to the regional military administration in compliance with Articles 31, 32, 45 of the Law of Ukraine ‘On Complete General Secondary Education’, and Resolution No. 1187 of the Cabinet of Ministers of Ukraine dated 30 December 2015 ‘On the Approval of Licensing Conditions for the Conduct of Educational Activities’.

6. Organisation of the launch of the lyceum’s activities

• Approval by the lyceum principal of the lyceum’s staffing structure;
• Conducting a competition (if necessary) for teaching staff positions;
• Appointment of lyceum staff to their positions by the lyceum principal;
• Approval of the lyceum’s budget and opening of the relevant accounts.

Establishing an academic lyceum as a separate legal entity is one of the possible strategic steps the community could take. This approach provides an opportunity to define a clear development strategy from the very beginning, build a team, incorporate modern teaching methods, and plan the use of resources effectively in line with the objectives of the New Ukrainian School reform and the needs of senior secondary students. However, it is also important to be aware of the practical challenges, primarily the limited timeframe for recruiting a professional team and establishing the necessary material and technical infrastructure.

Along with this, reorganising an existing institution can also be a justified and effective solution, particularly if there is a teaching staff competent to teach the New Ukrainian School (NUS) curriculum, as well as the necessary infrastructure and community support. An academic lyceum, in whatever format, should be established as an institution with a distinct specialisation, with the possible involvement of specialists who have experience in higher education. The final choice of model – whether to create a new institution or transform an existing one – depends on the specific conditions, resources, and priorities of each community.

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