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Annual report 2000 |  |
Parents' rightsThe rights of parents also fall into the categories of constitutional rights and rights directly related to education. The majority of complaints submitted by parents are related to issues falling into the second category. Parents are special participants in education in the sense that they are entitled to their education-related rights through their children and that they have to exercise those rights in the interests of their children. However, many of the rights of parents carry obligations as well, for a parent is obliged to ensure that his/her child enters the public education system. Freedom of choice of school and teacherOne of the most important rights specified by Article 67(2) of the Constitution and by the Act on Public Education is the right of parents to choose the education and the educational/teaching institution for their children. The freedom of choice of which school their children will attend, however, does not automatically provide the freedom of choice who teaches their children. Although, the Act on Public Education declares the right to choose the teacher teaching a given subject only 'if it is possible'. However, this provision does not provide a guarantee for the enforcement of this right, for in many cases 'possibility' cannot be provided for and the concept itself is difficult to interpret. The lack of the practical possibility of choosing a teacher may be the reason that the Office has so far received only a few requests by pupils or students concerning the choosing of teachers in higher grades. On the other hand, the Office has received numerous petitions in which parents of children in elementary school, primarily in the first four grades, claimed the importance of the choice of the individual who would be teaching their children over the forthcoming years. Rights relating to evaluations and gradin In discussing the rights of teachers it was already mentioned that the teacher is granted a wide range of independence in the evaluation of the pupils/ student's performance, along with the fact that this autonomy is limited by a variety of rights of pupils and parents. The rights of parents are seriously impaired if they do not have sufficient information to the basis of the calculation of the marks given to their children or on the principles of evaluation. Marks are given at the end of the first term and at the end of the school year. Parents' information on evaluation is part of the right to information in a broader sense, to be outlined in more detail below. The Act on Public Education also regulates the question of legal redress against decisions on received marks. A parent or a pupil may launch proceedings against the decision or measure taken by a school, within 15 days of the date of the posting of the marks or where there is no such posting of marks, within 15 days of learning of the results. With respect to the evaluation of behaviour, of diligence or of performance in the learning of various subjects, pupils or parents may launch proceedings if the evaluation does not conform with the rules laid out in the local curriculum, or if the procedure relating to the evaluation is contrary to the law or statutes relating to the legal position of pupils/students. Right of access to information Article 14 (1) b) of the Act on Public Education declares that parents are entitled to regular detailed and substantive information on the development, behaviour and progress of their children's studies. This is one of the most important rights that parents have. It is a guarantee for the exercising of all their remaining rights. For parents may exercise their rights only if they have sufficient information on the school's policies and the rules regulating it. In our opinion it is crucial that the basic documents of a school, e.g.) teaching curriculum, school code, and the OOR should be made available to parents. Also, parents must have access to the documents not only when they specifically request them. Complaints submitted by parents have indicated the importance of the dissemination of information, for conflicts between parents and schools have often been found to originate from the lack of information shared between the parties. The realisation of this fact prompted the Office to launch, in 2001, a comprehensive survey of the enforcement and application of the rights of parents.
This case is a good illustration of the fact that co-operation and communication between the parties concerned will enable the resolution or the prevention of future conflicts. However, a school has to inform parents not only about the behaviour and marks of children but also must inform them about events that may affect their children.
The interpretation of the parents' rights to information often leads to difficulties in the case of separated or divorced parents. (VI/8/2000. VI/285/2000.) The Act on Public Education does not specify the rights of the parent holding the right of parental supervision. The law is understood by many as though only the parent holding the rights of parental supervision can exercise the rights of parents as specified by the Act on Public Education. By contrast, Act No. IV of 1952 on Marriage, Family and Guardianship, declares that in respect of issues qualifying as 'important' from the aspect of the future of their child, parents living separately have to exercise their rights. This is still valid even after the placement of the child with one or the other parent, even if there is no joint parental supervision, except where the right of supervision of one of the parents is limited, suspended or terminated by a court of law. Such material issues include the choice of the school and career of the child. Since the joint interpretation of the two acts does not enable an interpretation that would result in a reassuring answer to the question for schools and parents alike, it is necessary to carry out a more in-depth study of this question when performing a comprehensive assessment of the rights of parents and the exercising/enforcement of such rights. Exercising rights as a collectiveParents may exercise their rights both individually, as well as collectively, through the parents' and teachers' working association or the school board. Parents have been found to recognise the importance of these forums though for lack of appropriate information it is often difficult for them to establish and operate these institutions. In a number of submissions, parents asked for information on the establishment, operation and competence of the school board or the teachers' and parents' working association. Since it is important that parents have appropriate representation in educational institutions, when such cases arose, we informed them of the statutory regulations. As has been mentioned, without adequate information, they cannot always properly exercise their statutory rights even in the already existing forums.
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OFFICE OF THE COMMISSIONER FOR EDUCATIONAL RIGHTS |
Impresszum |