Guarantees of the rights of educational participants

A parent protested that he does not get sufficient information from the school regarding his child's educational progress. According to his complaint, not only does the report book not contain the grades, often they are not even entered into the class book, because according to the head teacher teachers keep separate records. The parent protested that as there was no text book and no study schedule, he was uncertain as to what the child has to learn in health education class. As a first step we asked the school for a statement. In his statement, the principal informed us that the school provides information to all parents requesting this. The student's father has talked to the head teacher on several occasions and even had the chance to view the class book. At the same time, the principal admitted that there have been cases where the teacher entered grades in a separate grade book, and these grades were not entered into the class book. The principal told us that they are paying particular attention to correct this problem. He also told us that health education is a new subject at the school, and in the absence of a good quality course book students follow an outline provided by the teacher. First we had to investigate whether the provision of information has indeed occurred. The right of educational participants to receive information and the resulting obligation of other participants to give information are indispensable parts, and prerequisites for co-operation. Educational rights may only be enforced fully with the co-operation of the stakeholders in a specially structured community such as an educational institution. The right to receive information is included as a general principle in the Act on Public Education among the rights of educational participants. Pursuant to Point b) of Paragraph (1) of Article 14 of the Public Education Act, parents have a right to regularly receive detailed and substantial information on the development, behaviour and academic progress of their children. Naturally this includes the right to view grades entered into the class book. This is exactly why it is important that the class book reflect the grades received by the student. As the principal informed us in his statement that they are paying increased attention to this, we have not put forward an initiative. Another area we had to investigate was teaching without course books. This situation can be objected to because following absences it is always difficult for students to catch up to the others, and without course materials available to all, these students need to use notes taken by the others in class. Our position on this matter is that the situation arising from the fact that there is no course material available to all violates rights. If course related material can only be acquired by being present in class, then students who had to miss some classes are at a disadvantage compared their classmates who attended those classes. Access to course material is possible in theory (by borrowing other students' notes), however, this does not ensure equal access to this material by all students. It is important to mention the fact that students are not obligated by statutes to show and share their notes, only by ethical norms. Therefore, in order to make sure that this situation does not lead to disadvantageous situations, to avoid negative discrimination and make sure that students can be tested based on equal criteria, it is the school's responsibility to ensure equal opportunities. For the above reasons, course material available to all students is a crucial part teaching in school. In light of the above, we sent an initiative to the school principal and requested that he make sure his institution all classes use course material accessible to all students. The principal accepted this initiative. (K-OJOG-684/2004.)

A teacher came to us with the question whether a teacher can be obligated to make family visits, or whether a parent can be obligated to receive teachers. We informed him that pursuant to Point b) of Paragraph (1) of Article 14 of the Public Education Act, parents have a right to regularly receive detailed and substantial information on the development, behaviour and academic progress of their children. A family visit can be a form of maintaining relationship, but providing information to parents is possible in a number of other ways as well. It is our position that teachers cannot be obligated to make family visits. One of the essential components of family visits is the fact that the teacher visits students and parents in their homes. In accordance with Article 82 of Act IV of 1959 on the Civil Code, the right to private residences is protected by law. Pursuant to this-excluding certain exceptions none of which is teachers visiting parents and students in their homes-parents cannot be obligated to receive anyone in their private homes. (K-OJOG-785/2004.)

In a petition a complainant asked us whether a school, is allowed to have a provision in house rules that allows the excluding of children from day-care who have difficulties integration into the group or who are undisciplined. We informed him that the Public Education Act and Decree No. 11/1994 (VI. 8.) of the Ministry of Culture and Public Education list all the issues that must be regulated by the school teaching program and its rules of operation and organisation, and furthermore they also specify what house rules need to regulate. School and college regulations determine work order, in-class and extra curricular activities and college activities. The assessment of behaviour shown by students in class, including day-care activities, is a very complex issue. This is because undisciplined behaviour on a student's part not only obstructs said students in fulfilling his or her obligations, but at the same time also disturbs the activities, hinders the enforcement of right to learn of other students and the teacher performing his or her tasks. This is why it is justified that this type of behaviour is not without consequences. However, the application of disciplinary measures must be in accordance with relevant statutes. Pursuant to Point a) of Paragraph (1) of Article 11 of the Public Education Act, students are entitled to receive provision in dormitories, day-cars and study centres. According to our position on the matter, local regulations, such as house rules or the rules of operation and organisation, cannot take away student rights on a general basis. Temporary or permanent exclusion from day-care cannot be applied as a sanction for undisciplined behaviour. In our opinion the above can only occur if this becomes necessary in order to protect other students' rights or to protect the student's other rights, however, making decisions in such cases requires individual assessment, and such exclusions cannot be applied on a general basis. In such cases therefore, it is teachers' right and responsibility to decide whether the exclusion of a student from activities is necessary. It is our opinion that not letting students attend class and excluding them from class can only restrict participation in day-care for a certain, necessary period. All the same, it is important to mention that the obligations set out by Paragraph (5) of Article 41 of the Public Education Act, which states that the education institution is responsibl4e for the supervision of children and students under its charge are not restricted to the duration of classes. In accordance with this the supervision of students excluded from class must also be ensured. Based on all this, undisciplined behaviour on the student's part can be lawfully sanctioned by indicating to students that disciplinary measures set out in the institution's rules of operation and organisation will be applied. (K-OJOG-705/2004.)

A parent requested information from our office, whether it is lawful that in cases of students who come to a school from another settlement, if said students have grade averages below 3.5 or who have disciplinary problems, it is the teaching staff or the principal who decides whether to allow the student to continue his or her studies at the school or to terminate the legal status of the student. Article 75 of the Public Education Act regulates the termination of student status. The statutes specify these cases, which can only involve students who are not under compulsory school attendance. We have informed the parent that it is a violation of rights to make the maintenance of student legal status dependent of a specific grade average or certain forms of behaviour, since the provisions of the Public Education Act do not have any references in this regard. (K-OJOG-644/2004.)

Two parents came to our office and protested that two classes of a primary school were merged during the academic year. One of the classes-which had nine students-was receiving German language education as the students belonged to a national and ethnic minority. We asked for a statement from the school principal, who informed us that the merging is only on a temporary basis and out of the 25 teaching classes the students had they wish to realise fifteen using a division of classes. Based on the comparison of the data available to us with the Public Education Act, we have determined that there is no legal obstacle top prevent the reorganisation of a grade during the academic year by partially or wholly merging parallel classes. However this reorganisation does have an objective restriction: if a certain number of parents who are parents to students belonging to national and ethnic minorities request it, then the reorganisation cannot be implemented.. Pursuant to a provision of Annex 3 of the Public Education Act, a kindergarten group or school class must be organised and maintained for students belonging to national and ethnic minorities, if at least 8 parents of students of the same national and ethnic minorities request it. It is our position that this provision cannot be interpreted in such a way that if the appropriate classes are held separately, then there is no need to organise or maintain separate classes. Separate classes are not just necessitated by the varying nature of classes, it is the student community and national medium the legislator is looking to ensure through these regulations. By merging classes-even if certain classes are held separately-this is not ensured. In this case the statutes categorically state: if eight parents request it, then separate classes must be maintained, which cannot be merged with other classes. According to the petition, the class in question had nine students. If they make such a request, then a separate class must be maintained or must be organised once again. In light of the above, we have forwarded an initiative to the principal, requesting he take the measures specified by law, namely that he reinstate the separate class for minorities in case a sufficient number of parents request this. The principal accepted this initiative. (K-OJOG-35/2004.)

In his letter, a parent asked us whether a secondary school can obligate a student to buy season tickets for concert halls or theatres or to pay student sports club fee. Pursuant to the provisions of Paragraph (4) of Article 114 of the Public Education Act, the teaching program; the acquisition and processing of compulsory educational material related to the implementation of the teaching program; everyday physical activities as well as cultural, sport or other activities outside the school; excursions and outdoor environmental education can all be organised to be financed by the budget of the educational institution. The school board-or if no such board exists at the school, the parental organisation or the student council-can determine the highest amount that cannot be exceeded in order to implement programs organised by the educational institution which belongs to the sphere of free services. In light of the above, it is clear that neither the parent, nor the student has such obligations. (K-OJOG-668/2004.)