No. 07-00-168/2017-02  Date: 25 July, 2017

OPINION

The opinion was issued in the procedure following complaint from Ј.Č. on behalf of the minor son D.Č., against ES “F. K. F.” in B. оn account of the child’s discrimination on the basis of health status. During the procedure it was established that D.Č. pupil of the first grade of the elementary school “F. K. F.” in B, that in November 2016 he had been identified “developmental disorder of activities and attention with prolonged behavioral disorder and probable learning disabilities”, and from the beginning of the school year he had some difficulties with accepting and fulfilling school obligations. During the procedure it was established that D.Č. from February 2017 attended the school classes escorted by his mother, and from March 2017 the timetable of classes was adapted to him, ie his daily classes were shortened. Following the implementation of the procedure, the Commissioner for the Protection of Equality determined that the school, by failing to take measures in accordance with the provisions of the Law on the Foundations of Education System and the Rulebook on Detailed Instructions for Determining the Right to an Individual Educational Plan, put D.Č. to an unequal position in relation to other children in terms of exercising the right to education. Therefore, the Commissioner for the Protection of Equality gave the opinion that the elementary school “F. K. F.” in B., by failing to create conditions that would allow D. Č. to attend classes in all subjects, in accordance with grade 1 curriculum, violated the provisions of the Law on the Prohibition of Discrimination. Elementary school “F. K. F.” in B. was recommended to take all necessary actions and measures to comply with the law creating the conditions for D. Č. to attend classes in all subjects to the extent that would be optimal for him and in the future to take account of not violating the legal regulations on the prohibition of discrimination within its regular duties and activities.