Wybrane problemy wykonywania zadań oświatowych przez jednostki samorządu terytorialnego

In: Kwartalnik Kolegium Ekonomiczno-Społecznego studia i prace, Heft 4, S. 161-184

Abstract

Due to complex socio-economic structural factors education seen as a public task (executed by the State governmental administration and local government) becomes subject to privatisation and deregulation process, in line with the subsidiarity principle. The article discusses theoretic grounds for the issue of performing public tasks according to the classic perspective as well as the concept of new public management; it also presents doubts and concerns related to privatisation of public tasks and privatisation of performing public tasks. Basis problems of school management (instituting, administering and closure) have been outlined in light of doctrine and administrative courts' jurisprudence. The articles sketches alternative institutional forms of educational tasks' execution, including schools administered by non-public entities. Trends in the public and non-public compulsory school sector have been exemplified by the relevant statistics. Furthermore, the article describes the prospects of developments in schooling run by local government units as well as possible legal amendments and examples of already taken initiatives. Finally, the Author attempts to assess the proposals for legal foundation of privatisation of educational tasks, in terms of ensuring equal access to education and achieving social cohesion.