no. 07-00-357/2023-02 date: 5.1.2024.

OPINION

The opinion was issued in the proceedings regarding the complaint filed by AA, on behalf of her minor son BB, against VV Elementary School due to discrimination based on disability. It is stated in the complaint that BB is a child with cerebral palsy and hydrocephalus, a student in the fourth grade of the regular VV Elementary School. Given that he is starting the fifth grade in September, according to the rulebook that governs that area, it was necessary that three months before the end of the fourth grade, the school’s professional service creates and implements a transition plan from the fourth to the fifth grade, but a transition plan was not created until the day before the end of the school year. As further stated in the complaint, the complainant was offered a transition plan, to which she refused to agree because school ended the next day, and there was no possibility of implementing the plan, nor was it in compliance with the regulations governing this area. According to further allegations of the complaint, there are no adequate ramps inside the school for the safe movement of a child in a wheelchair, nor a room/part of the room where the child can change clothes since he wears diapers, as well as no elevator for a child in a wheelchair to get from the ground floor to the first floor, while from the fifth grade teaching in specialized classrooms begins, which mostly takes place on the first floor. In the statement of the VV Elementary School, among other things, it was stated that according to the Rulebook on Detailed Instructions for Determining the Right to an Individual Educational Plan, its Implementation, and Evaluation, the plans will be adopted after a certain period of work with the student during the fifth grade. As specified in the statement, the development of IEP plans for the fifth grade student BB was planned from September 2023/2024 after monitoring the student. In the school’s statement, it was further stated that the school has a changing room for the child, located in the anteroom of the men’s toilet, which is entered from the school hall. wheelchairs can pass without impediment through the door, which can be closed upon entering. As pointed out in the statement, during 2022, a new, standardized ramp for people with disabilities was provided at the main entrance leading to the schoolyard, while the assembly ramp to be installed inside the school was delivered on September 21, 2023. According to further allegations from the statement, student BB started the fifth grade, and in the V2 class, lessons are held in the classroom, except for the subjects of art and music and physical and health education. Until the day of delivery of the assembly ramp, the lessons were held in the classroom, except for one lesson on music culture, which was held in the hall of the school, where there was a piano. As specified in the statement, for the subjects of informatics and computer science, as well as engineering and technology, the necessary laptops are brought to the classroom on the school’s ground floor. The school pointed out that it has one floor and some offices are on the first floor. To the mother’s question about the elevator installation, the school repeatedly replied that the Budget Decision for 2023 did not provide funds for the preparation of project documentation and the procurement and installation of the elevator. As the school indicated, classes in the 2023/2024 school year for the class attended by BB will be organized on the ground floor, and all the necessary material related to the specifics of each subject will be provided in the classroom and available to the student BB. To fully and correctly determine the factual situation, the Commissioner addressed the GG School Administration and the Education Inspector in connection with handling AA’s complaint, i.e., the inspection carried out in this school. As the GG School Administration pointed out, there were no irregularities in providing support to the student BB, and the institution undertook activities following the Law on the Basics of the Education and Training System, the Rulebook on the Protocol of Behavior in the Institution in Response to Violence, Abuse and Neglect and the Rulebook on Detailed Instructions for Determining the Right to an Individual Educational Plan, its Implementation, and Evaluation. It was established that the school as a whole and individual employees acted at a satisfactory level of quality while providing additional support to students in learning, behavior, and adaptation to the school environment. A separate educational plan was prepared for the 4z class student BB; the plan for the transition from classroom to subject teaching was made with adequately planned and timed activities in all foreseen groups of activities. According to the findings of the School Administration, there are adjustments to the school space and conditions for learning and staying in the institution for student BB; there is room for further improvement of the quality of support for this student in terms of additional solutions in adapting the space – provision of a new ramp and elevator and there are efforts by the institution to provide extra funds for the full removal of these obstacles, and it can be said that the school’s existing resources have been fully put into operation for quality of support to student BB. The educational inspector determined that student BB’s transition plan was adopted per the Rulebook on Detailed Instructions for Determining the Right to an Individual Educational Plan, its Implementation, and Evaluation. According to the findings of the Educational Inspection, the changing room for student BB is located in the anteroom of the male students’ toilet, which can be reached from the school hall. It is equipped with a bed, a table, and a closet. The wheelchair can enter smoothly, and the door can be closed. According to the conclusions of the Education Inspector, on September 21, 2023, a ramp was installed to enable student BB to reach the specialized classrooms without hindrance. For the subjects of informatics, computer science, engineering and technology, the necessary laptops are brought to the classroom. During the proceedings, photographs were submitted to the Commissioner, which showed the changing room, and, bearing in mind the above, the Commissioner found that student BB was not prevented from changing in a separate room within the VV Elementary School but that the changing table was low. Analyzing the allegations of the complaint, the statement, and the submitted evidence, the Commissioner determined that the school stated that the assembly ramp inside the school was delivered on September 21, 2023. In this way, progress was made in providing better conditions for access to the room where classes are held. The GG School Administration recognized in its report dated August 24, 2023, that there is room for improving the quality of support for this student in terms of additional solutions in adapting the space – providing a new ramp and elevator. The Commissioner particularly noted that the VV Elementary School does not have an elevator and pointed out that we should strive to achieve complete accessibility of an educational institution. In the proceedings that were carried out based on the complaint filed by AA on behalf of her son BB against the VV Elementary School, it was established that the school took measures to ensure the accessibility of the teaching premises for student BB, following the principles of reasonable accommodation, and that on that occasion there was no violation of Article 19 of the Law on Prohibition of Discrimination, that is, the student BB was not denied the opportunity to attend classes. However, considering that it is necessary to improve the accessibility of the school, as well as the fact that teaching in specialized classrooms starts from the fifth grade, measures were recommended to the school to achieve equality and protection against discrimination following the provisions of Article 33, Item 9 of the Law on Prohibition of Discrimination, that is, to take measures, in cooperation with the child, his legal representative and personal companion, to improve the accessibility of the VV Elementary School and the equipment of the changing room.

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković