What are the school internal operating regulations?
From the 2020-2021 school year onwards, every primary and secondary education school unit is required to have approved Internal Operating Regulations setting out matters relating to its operation (Issue B’ 491/09.02.2021, Government Gazette 4723). The term Internal Operating Regulations of the School means the body of terms and rules that constitute preconditions for the school’s work to be carried out smoothly, methodically and effectively. Furthermore, the School’s Internal Operating Regulations constitute an important pedagogical tool that supports orderly school life, cooperation, solidarity, democratic dialogue and the acceptance of diversity.
What is the purpose of the School’s Internal Operating Regulations?
The purpose of the School’s Internal Operating Regulations is to establish a framework that supports educational work and the unhindered participation of all in the educational process, to shape a climate that supports the all-round development of pupils’ personality, to ensure the physical safety and emotional well-being of all members of the school community, and so on. The Internal Operating Regulations are drawn up following a recommendation by the Headteacher of the school unit and with the participation of all members of the teachers’ association, the members of the board of the parents’ and guardians’ association, as well as a representative of the relevant Municipality.
In secondary education school units, the Presidium of the fifteen-member pupils’ council also participates in the procedure of the preceding paragraph. The decision is approved by the Coordinator of Educational Work who has pedagogical responsibility for the School and by the Director of Education. The Internal Operating Regulations are communicated to all parents/guardians and posted on the School’s website, on first application immediately after their approval, and in subsequent years at the start of the school year. Strict compliance is the responsibility and obligation of the School Management, the teachers, the pupils and the parents/guardians.
What do the School’s Internal Operating Regulations provide regarding arrival at, presence at and departure from the School?
Pupils’ timely arrival at school, as well as regular and uninterrupted attendance, are basic elements of the educational process. Pupils arrive at school before the start of lessons; those arriving late remain in a pre-designated area at the School and enter their classroom after the conclusion of the current teaching hour, unless the Teachers’ Association has decided otherwise as to pupils’ entry into class. Pupils are not permitted to leave the School before the end of lessons without permission. If an emergency departure becomes necessary during school hours (e.g. illness), the parent/guardian is notified to collect their child, where the child is a minor.
What do the School’s Internal Operating Regulations provide regarding pupil conduct and pedagogical control?
Pupils’ deviations from democratic conduct, the school rules, the conditions of equal participation in the life of the School, and from the respect owed to the teacher, the school property and fellow pupils must be regarded as school misconduct. School misconduct shall be addressed by the school in accordance with applicable legislation and on the principle that a punitive response to such phenomena should be the last resort, without however being excluded as a pedagogical measure. Issues of pupils’ delinquent behaviour at the School are matters for cooperation between the class teacher and the School Life Counsellor, the Headteacher of the school unit, the Teachers’ Association and the Coordinator of Educational Work, in order to achieve the best possible pedagogical response. In every case, and before any decision, the fundamental principle of respect for the personality and rights of the child is taken into account.
What do the School’s Internal Operating Regulations provide regarding the Prevention of Violence and School Bullying?
The development of a positive school climate is a significant factor in the process of preventing and/or addressing phenomena of violence, harassment, coercion and school bullying. Characteristics of a positive and healthy school climate include mutual respect, acceptance of diversity, the promotion of cooperation with relevant bodies, cooperation between the School and the family, and so on.
What do the School’s Internal Operating Regulations provide regarding School Events and Activities?
The School organises a series of events/activities aimed at linking school and social life, enriching pupils’ existing knowledge, acquiring life skills and raising their awareness on social issues. In-school events, school activities and participation in innovative school programmes should take place on the initiative, ideas and responsibility of the pupils themselves, since in this way they feel responsible and showcase their abilities, aptitudes, interests and talents.
What do the School’s Internal Operating Regulations provide regarding Cooperation between the School, the Family and the Parents’/Guardians’ Association?
The School should be in close cooperation with the pupil’s family, the Parents’/Guardians’ Association and other bodies, although their roles must remain distinct. Whenever an issue arises that concerns a specific pupil, the first to be informed should be the parent/guardian, who should then cooperate with the School.
What do the School’s Internal Operating Regulations provide regarding the Quality of the school environment?
One of the School’s objectives must be to cultivate a sense of responsibility in pupils as to the quality of the school environment. Clean and well-maintained classrooms, laboratories, courtyard, school property and so on shape the surrounding environment in which the child’s character can be cultivated. Damage, deterioration and misuse of School property weaken its educational potential and pedagogically accustom the pupil to the notion of devaluing public property. A pupil who causes damage to School property is held to account for this conduct and the cost of restoration is borne by the guardian or by the pupil personally.
What do the School’s Internal Operating Regulations provide regarding the assessment report, feedback and proposals for improvement?
The Internal Operating Regulations are updated at regular intervals, through the participatory procedure provided for by law involving all members of the school community, so as to incorporate new legislative provisions, respond to changes in the School’s operating conditions and the decisions of its competent collective bodies from time to time. The jointly agreed Internal Operating Regulations are based on applicable legislation and on contemporary pedagogical and teaching principles. Compliance by pupils, teachers and parents/guardians, with mutual respect for their distinct institutional roles, so that the Regulations have completeness, general acceptance and application, is a precondition for the smooth running of the School. They are the foundation upon which the School can build to achieve its goals and vision.
What do the School’s Internal Operating Regulations provide regarding the handling of unforeseen issues that may arise?
Issues that arise and are not provided for in the Regulations are addressed on a case-by-case basis by the Headteacher and the Teachers’ Association, as well as by the Coordinator of Educational Work, in accordance with the principles of pedagogical science and educational legislation, in a spirit of cooperation with all members of the school community. The Internal Operating Regulations are valid for one school year.
- See also article Education Law
- See also article Disciplinary Law for Faculty Members (DEP)
- See also article Election and Promotion of Faculty Members (DEP)
- See also article Administrative Law Lawyer
- See also article Civil Service Law Lawyer
- See also article Military Disciplinary Law
- See also article Police Disciplinary Law
- See also article Lawyer for Application for Annulment
- See also article Lawyer for State Civil Liability
- See also article Lawyer for Petition to the European Court of Human Rights (ECHR)
- See also article Administrative Appeal
- See also article Sworn Administrative Inquiry (EDE)
FREQUENTLY ASKED QUESTIONS ON THE SCHOOL INTERNAL OPERATING REGULATIONS
1. What can I do if the school imposed an unjust penalty on my child?
Where the Teachers’ Association or the Headteacher imposes a pedagogical measure that you consider excessive or unreasoned, the parent has the right to request full written reasoning and to submit a report to the Coordinator of Educational Work who has pedagogical responsibility for the school, and to the Directorate of Education. In serious cases (expulsion, change of school environment), an application for annulment may be lodged before the Administrative Court of Appeals, where a breach of the principle of proportionality or of the right to prior hearing can be established. As a rule, the examination focuses on whether the lawful procedure was observed and whether the measure complies with the Internal Operating Regulations.
2. What do I do if my child is a victim of school bullying?
The first step is written notification of the Headteacher and the responsible class teacher, with a detailed description of the incidents and a request that the prescribed response procedures be activated. If the school remains inactive, a report follows to the Coordinator of Educational Work, the Directorate of Education and the Children’s Ombudsman. Where the incidents amount to punishable acts (bodily harm, insult, threats, cyberbullying), a criminal complaint is filed with the Juvenile Prosecutor’s Office. In parallel, an action for damages may be brought against those responsible and, in cases of gross negligence by the school, civil liability of the State may be established.
3. Within what time frame must I act against a school decision?
The deadlines are short and strict. For the application for annulment before the Administrative Court of Appeals, the deadline is, as a rule, sixty days from notification or full knowledge of the act. For administrative reports to hierarchically superior education bodies, the deadlines are even shorter, often thirty days. For a possible criminal complaint there is no equivalent deadline; however, a three-month period applies for filing a formal complaint in offences prosecuted upon complaint. Consultation with a lawyer must take place immediately, so that the deadline is not missed and the possibility of judicial protection is preserved.
4. What documents do I need to challenge a school decision?
You will need the decision itself or the minutes of the Teachers’ Association, the School’s Internal Operating Regulations, proof of notification to the parent, and any related correspondence (letters, e-mails, notes). Useful items include copies of the attendance register, medical certificates in cases of absence, witness statements from fellow pupils or teachers, and any photographs or digital material documenting the events. The parent has the right of access to the child’s file and to be provided with copies, in accordance with the Code of Administrative Procedure (KDD) and personal data legislation.
5. Do I have to pay for damage caused by my child at school?
Where a pupil causes damage to school property, the cost of restoration as a rule falls on the guardian, in the context of the duty to supervise a minor. Before paying any sum, however, check whether it is established with certainty that the damage was caused by your child, whether the cost is documented by invoices or quotations, and whether the lawful imposition procedure was followed. In cases of dispute or excessive charging, you may refuse payment by extra-judicial notice and defend yourself in court. The disciplinary dimension is examined separately from the financial.
6. What is the role of the lawyer in a dispute with the school?
Our office initially undertakes a legality review of the contested decision or action, on the basis of the Internal Operating Regulations and educational legislation. We draft extra-judicial reports to the School Management, the Coordinator of Educational Work, the Directorate of Education and the Children’s Ombudsman. We file an application for annulment or an application for suspension before the Administrative Court of Appeals where the conditions are met, file criminal complaints in cases of school bullying or physical violence, and represent the parent at every stage. The aim is the protection of the personality and educational path of the child, with respect for the cooperative relationship between family and school.