No. 07-00-357/2016-02 Date:  30/12/2016

OPINION

The Opinion has been issued in the proceeding acted upon the complaint filed by D. B. from B., on behalf of son D. B., against T. School in B. The complaint states that student D. B. has a health problem (hemiparesis of the right side), and that, during school year 2015/2016, the school did not offer pedagogical and psychological support, that he was insulted multiple times by others saying in front of the entire class that he was not fit for this school and that he should withdraw from school. Later it states that the student was excluded from school in April 2016 by the decision of the Teachers’ Council, and that an individual education plan was not carried out. The principal’s explanation said that the school had made a pedagogical profile of the student, had determined the need to support, and that the realization of the planned measures did not occur due to aggravating circumstances, which primarily relate to non-cooperating with the parents and the student’s absence from school. During the proceedings, it was established that the mother of student D. B. had given her consent for attending the first grade of T. School according to an individual work plan, and that the school had offered no evidence of giving or planning to give the necessary support to student D. B. through individual work plan. The Commissioner for the Protection of Equality issued an opinion that T. School in B. committed discrimination against student D. B. on grounds of his disability, i.e. the provision of the Law on the Prohibition of Discrimination were violated, by failing to give necessary support for D. B.’ learning, and she recommended that T. School organized educational training for its staff on the topic discrimination in education, especially relating to student who, due to social deprival, developmental issues, disability, difficulty in learning and other reasons, need additional support in education, and to henceforth pay attention not to violate the regulations on the prohibition of discrimination within their regular work and activities.

Commissioner for the Protection of Equality

Brankica Janković

Complaint filed by D.B. against school T. for discrimination on grounds of disability in area of education