The purpose of the article is to analyse selected substantive and procedural legal issues, which relate to claiming a refund of subsidies for non-public educational units. The author argues that the legally defined rules for granting and spending educational subsidies are not sufficiently clear and precise. Furthermore, variable and inconsistent judgements of administrative courts do not help in their interpretation. In discussing selected problems, the author puts forward de lege ferenda postulates aimed at resolving the identified concerns.