This opinion was prepared in the complaint procedure initiated by the organization P against the elementary school “B. R.” in B, the Municipal Administration of Bujanovac Municipality, the Ministry of Education, Science and Technological Development and the School Administration Vranje. The complaint stated that in the primary school “B. R.” in B, in the school year 2018/2019, two segregated classes in the first grade were formed, attended exclusively by children of Roma nationality, and that such classes also exist in second and fourth grades. The complaint further points out that there is disparity in the representation of Roma students and their parents in the students’ parliament, parents’ council and school board, and that the local community is not supportive for members of Roma community. The statement of the elementary school “B. R.” in B specifies, among other things, that two classes in the first grade in which Roma children were placed, were formed at the request of parents who wanted the children to stay in the groups in which they were in pre-school, that the majority of the population in Bujanovac is Albanian, while Serbs and Roma are minorities, and that the school has initiated measures to prevent discrimination. The statement of the Ministry of Education, Science and Technological Development specifies, among other things, that at the beginning of the school year students are placed in five classes of the first grade, which are harmonized following all the criteria, including the nationality, and that the parents of children of Serbian nationality left the classes and the school together with their children and filed a petition to the school authorities to place their children in three mixed classes instead of five. It was further stated that several meetings were organized with parents, but they did not give up their demands, which is why the Ministry, “considering the protection of the right to education as a higher interest” and “taking into account the conditions in which the school is operating and the social moment”, allowed the formation of three mixed classes and two classes composed exclusively of Roma students. The Ministry’s statement also specified that the school was recommended to implement urgently specific measures, as well as measures to prevent discrimination. The statement of the Municipal Administration of Bujanovac Municipality specified that the Administration orally instructed the school to address the Ministry for the solution of the problem pertaining to the establishment of the first grade classes. The non-governmental organization P. filed a complaint against the School Administration Vranje. During the proceedings, the Commissioner established that certain actions for the area of the Bujanovac municipality were undertaken by the School Administration Leskovac, which also provided the Commissioner with statements on the requests addressed to the School Administration Vranje. Since the school administration, according to the Law on the Basis of the Education System, is an organizational unit of the Ministry of Education, Science and Technological Development, the Ministry is responsible for acting, that is, for the possible failure of the school administration to act in this specific situation. For this reason, and given that the complaint was filed against the Ministry, the Commissioner did not analyse the responsibility of the school administration in this specific case. During the proceedings, it was established that about 70% of students of the elementary school “B. R.” in B. are students of Roma nationality, that in the school year 2018/2019 two classes of the first grade were formed that are attended by students of Roma nationality only, as well as that there is a disproportionate representation of Roma students and their parents in the students’ parliament and in the school management bodies. It was also established that the Municipal Administrations of Bujanovac Municipality, the primary school “B. R.” in B. and the Ministry of Education, Science and Technological Development, each of them from the aspect of their competence, did not implement adequate and effective measures to prevent and abolish the formation of classes composed of Roma students only, in the elementary school “B. R.” in B. Thus, the Commissioner for the Protection of Equality gave the opinion that the Municipal Administration of Bujanovac Municipality, the elementary school “B. R.” in B. and the Ministry of Education, Science and Technological Development violated the provisions of Articles 6 and 19 of the Anti-Discrimination Law. In accordance with that, the Commissioner for the Protection of Equality recommended to the school “B. R.” in B. to proceed with the preparation of a detailed and comprehensive desegregation plan, in compliance with the Rulebook on the conduct of the institution in case of suspicion or established discriminatory behaviour and insulting the reputation, honour or dignity of a person, as well as to take all necessary actions and measures to ensure that all employees in the school undergo a training on the issue of prohibition of discrimination, and also to take all necessary measures within its competence in order to develop the spirit of tolerance, acceptance of diversity and non-discriminatory behaviour through appropriate programs, trainings and education among students. Furthermore, the Commissioner for the Protection of Equality recommended to the Municipality of Bujanovac, to take measures aimed at meeting the needs of citizens in the field of education, in accordance with the provisions of the Law on Local Self-Government. In this regard, it is necessary that the Municipality provides all the necessary assistance and support to the school in order to prepare the necessary plans and measures prescribed by the Rulebook on the conduct of the institution in case of suspicion or established discriminatory behaviour and insulting the reputation, honour or dignity of a person. It is also necessary that the Municipal Administration of Bujanovac Municipality provides assistance and support to the competent authorities, in order to prepare children of Roma nationality, at pre-school age, for attending a school in the Serbian language and attending a pre-school program with children of other nationalities. The Ministry of Education, Science and Technological Development is recommended to monitor the implementation of measures in elementary school “B. R.” and to provide the necessary support to the school in the implementation of the imposed measures, as well as to take all necessary measures within its competence in order to ensure the full implementation of the Rulebook on the conduct of the institution in case of suspicion or established discriminatory behaviour and insulting the reputation, honour or dignity of a person.