EXTRA league papers | issue 3 | winter 2010 | What Schools Do We Want for our Children?

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6 interview questions for… …Josef Dobeš, the Minister of Education How do you think an ideal school for your children should look like? Above all, it would be a friendly environment created by teachers, parents and children. It would be a school where children could be freely educated without being manipulated. And at the same time it would be a safe place where children could explore all their possibilities. Candidates for the “Fair School” Award are better and better In the past month LIGA teachers visited new schools, which aim to be awarded the Fair School Certifi cate. They travelled the whole country and returned home satisfi ed. “I was pleasantly surprised by the high level of application of inclusive principles at schools. Most schools try to put into practice the philosophy and principles of equal access to education,” says Monika Tannenbergerová. At present, fi fteen schools from all over the Czech Republic have applied for the Certifi cate and applications still keep coming. Our pedagogical-legal team explains to the schools what they can expect and clarifi es any possible ambiguities. Throughout the year we counsel the schools engaged in the project and we watch how the inclusion goes at the schools. Whether the Certificate is awarded or not is decided by an independent board of experts. LIGA awards the Fair School Certifi cate to those schools that promote a fair approach to all pupils regardless of their handicap, special skills or skin colour. Since 2009 ten schools were awarded the Certifi cate and other schools joined the project this year. What do you think about inclusive education as a system? What, in your opinion, is the signifi cance of the process of inclusion for society? Inclusion or integration of handicapped children is a completely proper process, it is necessary that this process take place in an entirely transparent way and that inclusion become an open dialogue between experts, representatives of regions and schools, and parents. Do you think that Czech special and practical elementary schools are really attended only by children who belong there? It would be naive to think that it is so. I will only confi rm the numbers, which I do not consider to be exaggerated, that 26 per cent of the children, who attend these schools, do not have any intellectual disability. It is a wrong approach. On the other hand, I fully support special schools, because they work in fairly diffi cult conditions and without appropriate acknowledgement and support. What is your opinion of the D. H. verdict, and what solution would you propose, as a solution is inevitable according to the Strasbourg recommendation? The substance of the D. H. verdict is that children without intellectual disability should not be placed outside mainstream education. This is a matter to be considered and solved by Regulations No. 72 and 73, which need to be amended. We can achieve this by the end of January 2011. We achieved a signifi cant decision: Parents do not have to pay fines for not having their child vaccinated Parents who decide not to have their children vaccinated or to postpone the vaccination, can no longer be fi ned. This was the decision of the Supreme Administrative Court, which accepted the arguments of LIGA that the Regulation on vaccination against infectious diseases is in contradiction with constitutional law. This puts an end to an often insensitive practice of health offi cials who imposed fi nes of up to 20,000 CZK on parents who refused to get their children vaccinated or to postpone the vaccination, even in cases the parents’ decision was based on the child’s bad reaction to a previous vaccination. “If the State wishes to enforce this duty, this would have to be regulated by law,” says Josef Vlašín, a judge at the Supreme Administrative Court. The ground-breaking verdict has been reached in the case of the Čechs who refused vaccination and were ordered by the Offi ce of Public Health to pay a fi ne of 8,000 CZK. Mr and Mrs Čech decided to defend themselves in court with the help of LIGA lawyers. After two years, success finally came and it can positively influence other similar litigations. The rights of patients to decide whether to get vaccinations or not has What will the progress of the National Action Plan on Inclusive Education be now that some of the experts, who collaborated on its drafting and realization, have left? It has to be said that the so-called NAPIV (National Action Plan on Inclusive Education) was prepared only in March 2010. It took a very long time before the plan was created, the people engaged in the plan met once (June 2010) and then somebody leaves. In my opinion, this is a short-term matter and I rather appreciate long-term projects. I will call NAPIV at the end of November 2010 and will gladly invite anybody who wants to continue with the project. I wish it were mostly perseverant and determined people. Do you think that education towards tolerance and removal of xenophobia and racism is suffi cient at schools? Generally speaking, it is necessary to put more eff ort in this matter, and not only at schools but also in families, sports fi elds (see sports stadiums). We can undoubtedly observe a certain progress and openness regarding this issue. Progress is achieved with regard to the attitude of the repressive organs, where a significant shift has been noted, because this environment is far less tolerant. But it is necessary not to stop focusing on this issue because it still represents a great danger for society. in short been a long-term issue for LIGA. “We think that the current legislation does not respect human rights. This repressive system is uncommon in all Western countries,” says Zuzana Candigliota, a LIGA lawyer. Human Rights Clinic working again With the beginning of the new academic year LIGA introduced another course entitled Human Rights Clinic offered in cooperation with the Faculty of Law of Palacký University in Olomouc, with which LIGA cooperates on a long-term basis. David Zahumenský, the LIGA Chair, advised the students how to conduct an interview with a client. He also gave them some essential facts about health law. Within a threehour session the students had the opportunity to apply the acquired knowledge and skills in practice. The goal of the clinic is to use interactive methods to introduce students to the issue of human rights and their legal protection. At the same time the course aims to give the students practical legal skills and inspire them with a sense of professional responsibility towards disadvantaged social groups and public interest protection.
Are you a teacher, head teacher, education expert, parent of a handicapped child or just someone who cares? Our test will show you what legislative obstacles are in the way of education of disadvantaged pupils. questions 1. Can a school refuse a pupil because they do not belong to the school neighbourhood? 2. Can a Roma child be placed in a special or practical school only on the basis of their problematic behaviour? 3. Can a school get a fi nancial contribution for a socially disadvantaged pupil? 4. Does the education legislation prefer group integration to individual integration? 5. Does a pupil with a mild intellectual disability have to attend a special school? 6. Can a child be repeatedly kept in the same grade at elementary school? 7. Does the legislation include the concept of a “Roma assistant”? Continued from page 5. Solutions exist but only theoretically The concept of family conferences is far from being introduced here. A similar concept is suggested in the National Action Plan to transform and unite the system of care of threatened children but its realization is extremely uncertain. Although things seem to be changing at the Ministry, all plans exist only on paper and it may take years before they are put into practice. So for the time being, we stick to the usual practice, where the child protection authority keeps waiting until the situation in the family is bad enough for the children to be taken away upon correct answers 1. NO. Only in case the school is at full capacity. The head teacher is obligated to primarily accept those pupils who live in the school neighbourhood. But if the school capacity is not filled with neighbourhood pupils, the head teacher cannot refuse a pupil from a diff erent neighbourhood. 2. NO. A child can be placed in a special school only on the basis of a psychological expert opinion issued by a counselling centre, which reveals that the child has special educational needs. Another necessary condition is the informed consent of the child’s parent. 3. NO. According to Regulation No. 492/2005 Coll., test does Czech legislation keep disadvantaged children in mind? a court decision. In the defence of social services workers we have to admit that there is a lack of personnel. A Ministry report says that 560 social workers are missing in the system. In the present situation, where one social worker has to deal with 354 cases of threatened children a year, it is impossible to think that the work with families will be perfect. But these facts cannot be used as an excuse. By the ratifi cation of the Convention on the Rights of the Child, the State has committed to promote the best interests of the child and has to do its utmost to do so. But for now the system is rather leaky. on Regional Norms a financial contribution can only be given to disabled pupils. 4. NO. Individual integration is preferred. 5. NO. It is preferred that the child be placed in a standard elementary school with an individualized education program, so they can attend a standard class. 6. NO. A pupil can fail a class only twice during their studies at an elementary school. 7. NO. A Roma assistant is a popular name used by general public. But the Education Act only knows the concept of “pedagogical assistant” who can be assigned by the head teacher to a class attended by a pupil with special educational needs. A more responsible approach to care for threatened children would surely be welcomed by the Stejskal children, who have been waiting in a state institution for two years for the court to reach a fi nal decision. 7
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EXTRA league papers | issue 3 | winter 2010 | What Schools Do We Want for our Children?

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