ENFORCEMENT OF RIGHTS DIRECTLY RELATED TO EDUCATION
Rights Rooted in the Freedom of Education
The Articles 70/F and 70/G of the Constitution state that the Republic of Hungary guarantees the right to education to its citizens. This right is implemented t hrough the dissemination and general access to culture, free compulsory primary schooling, through secondary and higher education available to all persons on the basis of their ability, and furthermore through financial support for students . The Republic of Hungary respects and supports the freedom of scientific and artistic expression, the freedom to learn and to teach .
Participating in school education is not only a right; it is an obligation as well. That is because pursuant to Paragraph (1), Article 6 of the Public Education Act, all children are required to attend school within the territory of the Republic of Hungary. The definition of school age is not always clear, however.
One parent asked us whether her six-year-old child is legally required to start school in the 2006/2007 academic year. We informed her that according to Paragraph (2), Article 6 of the Public Education Act, a child reaches school age in the calendar year of his or her sixth birthday, at the earliest, or that of his or her eighth birthday provided that the child's development permits schooling. If the child's development is adequate and permits entry to school, then he or she shall begin meeting his or her schooling requirement in the calendar year when he or she turns six until May 31 of that year. Upon the request of the parent, the child may enter school even if he or she only turns six until December 31 of that year. The starting date of schooling may start in the year when the child turns eight, if he or she was born at a date after August 31. A child shall start meeting his or her schooling requirements on the first day of the school year. Pursuant to Point a), Paragraph (4) of the same section, the school principal shall have the right to make a decision about whether a child should enter school based on the opinion of the kindergarten; or if the child did not attend kindergarten, but the kindergarten recommends that the child start school based on the opinion of the educational counselling centre; in the case of children with special needs based on the expert opinion of the expert and rehabilitation committee, or that of the expert and rehabilitation committee carrying out national expert and rehabilitation related tasks performing the learning ability related assessment of the child. Having regard to the above, we informed her that considering that her child has reached the required level of development and that the child will have reached the age of six until May 31 this year, the child is required to start school in this calendar year (i.e. September 2006). If the parent does not accept the expert opinion of the educational counselling centre, then according to Point f), Paragraph (1), Article 23 of Decree No. 14/1994 (VI. 24.) of the Ministry of Culture and Public Education 24.) he or she shall have right to launch proceedings to review the expert opinion with the notary of the town, city, county seat, or metropolitan district municipality territorially competent at the place of residence, or in the case of the lack thereof at the temporary place of residence of the child. (K-OJOG-200/2006.)
A head of a kindergarten requested information about whether it was legal for a child born on May 23, 2000 to start school in September 2008, and stay in kindergarten until then. We informed her that according to our position the child may only stay for one more year in kindergarten. According to Paragraph (5), Article 24 of the Public Education Act, a child may start kindergarten for the last time in the year in which he or she turns seven years' old. The child may only start a year in kindergarten during the year in which he or she turns seven, if he or she was born after August 31, and the educational counselling centre or the expert and rehabilitation committee recommends that the child spend another year in kindergarten. Since the child was not born after August 31, therefore he or she may not start another year in kindergarten during the year in which he or she turns seven (i.e. 2007). (K-OJOG-426/2006.) |
Problems related to the acceptance of children may present even before schooling is started. It can cause significant problems for the parent if they have to work and the child is not admitted to kindergarten. Many parents have contacted us regarding the fact that when their child turned three years' old, they had to go back to work, but the kindergarten rejected their application. We informed them that pursuant to Paragraph (2), Article 24 of the Public Education Act a kindergarten shall be obligated ensure that the day-care of children is provided after they have turned three years' old, as per the provisions of the Act on the Protection of children and child services. Paragraph (1), Article 41 of Act XXXI of 1997 on the Protection of children and child services defines which children are entitled to day-care services. According to the act adequate daytime supervision, care, education, and alimentation of children living in families, termed as day-care services, shall be provided to children whose parents, foster parents, caretakers are unable to provide their supervision, care during the day due to their employment, illness or other reasons. Paragraph (2), Article 41 of the referenced act details the group of eligible children defined in the first paragraph. According to the above, those children shall receive day-care services, in particular, who require constant care during the day in order to ensure that their bodily and mental development is adequate, and furthermore, those who are being raised by single, or elderly parents; have three or more siblings; except those children after whom their respective caregivers receive regular childcare allowance, childcare benefits, or homecare benefits, as well as those children whose parents, or caregivers are unable to provide for their care due to their social status. Pursuant to Paragraph (1), Article 65 of the Public Education Act, a parent shall have the right to request his or her child's admission or transfer to kindergarten. Having regard to the above, we informed the parents that if they cannot provide supervision for their three-year-old child during the day due to their work, they have the right to request that their child be admitted to kindergarten, and in such a case the kindergarten does not have the right to deny admission to the child. [K-OJOG-13/2006, K- OJOG-80/2006, K-OJOG-213/2006, K-OJOG-224/2006, K-OJOG-359/2006.]
If the child reaches the schooling age required by law, and the level of development required to enter school, his /her compulsory school requirement becomes effective. There are certain situations in life, however, for instance, a serious illness, long-term stay abroad, when the student is unable to fulfil his or her compulsory schooling requirement. In this case, he or she may temporarily suspend his or her studies. If a student's suspension of studies has been authorized, his or her student status will be suspended as well.
A student contacted with the question as to whether it was possible to delay his studies for one semester in vocational secondary school. Pursuant to Paragraph (5), Article 69, a student's student status will be suspended, if his or her suspension of studies has been authorized. Students shall be able to exercise the rights they derive from their student status-provided that there are no statutory provisions to the contrary effect-when their student status is suspended. Students have the right to visit school facilities, receive information about issues in which he or she is concerned, or to request to be transferred to another school. It follows from the above that it is possible to authorize the suspension of a student's student status, but the school is by no means required to do so. (K-OJOG-241/2006.) |
It is an entirely different scenario, if the student enrols in an educational institution in a foreign country. That is because the Public Education Act makes allows Hungarian citizens to fulfil their compulsory schooling requirements in schools abroad. Studies abroad do not need to be authorized, but parents are required to notify the notary on the fact that their child has enrolled in an educational institution abroad to ensure that the notary can monitor the student's progress in completing his or her compulsory schooling requirements. If the student has already been enrolled in a Hungarian educational institution, then studies abroad must be reported to the principal. During his or her studies abroad, the student's status as a Hungarian student is suspended, but the student can naturally return to Hungary and continue his or her studies here at any given moment.
Students have a number of other rights connected to the freedom of education. The act allows students, whose abilities make such an arrangement possible, to fulfil the academic requirements of two or more academic years in one academic year, or in a shorter timeframe than required. It is possible to fulfil the requirements of all of the subjects of multiple academic years in one academic year.
A student contacted us with a question as to whether it was possible to attend grades 11 and 12 at the same time. We informed the student that according to Paragraph (3), Article 71 of the Public Education Act, with the approval of the school principal, the student could fulfil the requirements of two or more academic years in one academic year, or in a shorter timeframe than required. Based on the above the student must contact the head of the institution with his request. Furthermore, the student has the right take an early school-leaving examination. (O-OJOG-38/2006.) |
The freedom of choosing teachers is connected to the topic of the freedom of education. It is very important for parents to be satisfied with a teacher's personality, as teachers are responsible for the education of their children. It can cause serious problems, if parents feel that the teacher does not do his or her job well.
A parent contacted our Office with a question about how it was possible to sanction, or ban a teacher, who is unfit to be a teacher according to the complainant, from teaching. We informed her that pursuant to Paragraph (8), Article 107 of Act LXXIX of 1993 on Pubic education, professional checks may be launched, covering any incurred costs in advance, at the institutional level by, inter alia , the maintainer for the purpose of preparing local educational policy objectives, or to gather information on the implementation of said objective, assessing the quality of educational tasks performed in the various institutions; and by the head of the public educational institution for the purpose of assessing the quality of the educational tasks performed in the institution, assessing the work quality of any individual employee with the help of an independent expert, and for the purpose of the self-evaluation of the quality of work of an employee of the institution of public education in question. (K-OJOG-90/2006.) |
The topic of the freedom of education includes the rights of teachers as well as those of parents and students. One these includes the provision of the Public Education Act whereby in connection with their jobs and based on the pedagogical program, teachers have the right to choose the information, teaching material and methodology they wish to use. Teachers' rights include the following statutory mandate: Paragraph (2), Article 19 of the Public Education Act states that the teacher-without specifying type, quality or price-may require that students purchase such items of clothing, or other equipment that are necessary for students to be able to participate in the given class, or to be able to acquire the material taught, and which is to be used by every student in class on a regular basis.
A student contacted us because he found it grievous that in his school many purchases were covered from compulsory parental contributions. Pursuant to Point b), Paragraph (1), Article 114 of the Public Education Act services and classes provided free of charge by institutions of education operated by municipalities and state bodies, including free services provided by the municipality are the classes and, inter alia , the use of the tools/equipment provided by school facilities (library, laboratory, computer room, sports and recreational facilities). Paragraph (2), Article 19 of the Public Education Act states that the teacher-without specifying quality or price-may require that students purchase such items of clothing, or other equipment that are necessary for students to be able to participate in the given class, or to be able to acquire the material taught, and which is to be used by every student in class on a regular basis. If there is equipment or tools that are indispensable for participation in class, then the teacher may request that these items be purchased by the student, but the school board has the right to set out restrictions on the expenses related thereto. As regards useful learning aides that are not indispensable, parents may, naturally, decide to purchase them, but the school does not have the right to require that they be purchased, in its own procurement process. Parents may decide as a community to pay certain amounts of contribution for certain purposes. They can appoint the head teacher to manage the amounts paid. In this case the parents will jointly own the amounts paid. We underscored, however, that this should by no means be compulsory in nature. (K-OJOG-52/2006.) |
Teachers' rights are further extended by Point c), Paragraph (1), Article 19 of the Public Education Act pursuant to which the teacher has the right to choose the course books used in class. In connection with the enforcement of this right, we will have to consider the matter of the course book supply of children, and within this topic, particularly to the issue that certain students must have access to these course books free of charge. As in previous years, parents have contacted our Office this year as well regarding the regulations pertaining to free course books. Most questions are asked by those concerned, when the school ensures free access to course books by renting them to students. Our experience is that renting is usually a problem when it comes to exercise books, as in the course their use students usually write and draw in them.
In accordance with Act XXXVII of 2001 on Order of the course book market (hereinafter referred to as Course Book Market Act) Pursuant to Paragraph (4), Article 8 of the said act, the ordering of course books by the school must ensure that-by way of making long-term course book rental, access to books in study hall, and financial aid for the purchasing of course books available-all students enrolled in day (full) time school education, who are permanently ill, have special needs, live in a family with three or more children, are being raised by a single parent, have reached the age of majority and are entitled to family support on their own right, receive regular child protection support have access to course books free of charge (normative allowances). The school can provide other allowances in addition to normative allowances. Pursuant to Paragraph (3), Article 8 of the Course Book Market Act 8. course books that are not included in the course book register can only be ordered by the school with the approval of the professional team, the school board, in case of the lack thereof the parental organization (community) and the student body. The above acts do not differentiate between durable and other course books. With the approval of those concerned, course book orders may include course books that are featured in the course book register. Based on this our position is that the requirement of freeness also applies to exercise books featured in the official course book registry, included in the course book order. According to Paragraph (8), Article 8 of the Course Book Market Act, if the school decides to ensure the provision of normative allowances by way of course book rental, the course books must be made available to students until the classes in the given subject are held pursuant to the local curriculum, or if the subject is closed with a compulsory or optional exam, until the student's student status is in effect. The student's, or minor student's parent shall be obliged to indemnify the school for any damages arising as a result of the loss of, damages to the course book. They are not required to reimburse the impairment resulting from the intended use of the course book. The issues related to course book rentals, damages resulting from the loss and damaging of course books, moderation and remittance of compensation payable on damages shall be set out in the Rules of Organization and Operation of the school. The parental body (community) has a right of approval regarding the above regulation. Based on the above, our position is that intended use entails if students write in exercise books. Doodling, however, does not fall into this category, therefore, if the school fulfils its obligation to make course books available to those who are eligible free of charge by way of renting the course books out to students, then it can require parents to pay compensation for damages resulting from damage to the books. (K-OJOG-167/2006.)
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