Legal opinion on determining the competencies of the council of parents to consult with the school parents, using organizational support of the school management
Abstract
The Council of Parents of the Complex of Sports School No. 1 in Krapkowice conducted a survey among the school parents, including the following question: “Do you mind, that a crucifix is hang in the area of school education?” This action was publicly denounced by the Opole School Superintendent, who initiated proceedings under pedagogical supervision. Author of this opinion proves that the Council of Parents is acting within its competencies while spreading the survey in question. This is because it represents the parents in all matters relating to the operation of the school, and in the opinion-forming process, it may refer to parents with questions and petitions. Those questions may concern even ideological issues, as the Council of Parent is not a public authority, and therefore is not required to maintain worldview impartiality.
Keywords:
education law, religious freedom, freedom of conscience and religion, Right of parents to ensure education and teaching , the Polish Constitution of 1997, crucifix, schoolReferences
Mezglewski A., Misztal H., Stanisz P., Prawo wyznaniowe, Warszawa 2011
Szymanek J., Bezstronność czy neutralność światopoglądowa państwa (Uwagi na tle art. 25 ust. 2 Konstytucji RP), „Państwo i Prawo” 2004, nr 5
Pilich M., Komentarz do art. 54 ustawy o systemie oświaty, w: Ustawa o systemie oświaty. Komentarz, wyd. 5, Lex 2013
University of Opole
Wydział Prawa i Administracji, Uniwersytet Opolski, ul. Katowicka 87 a, 45-060 Opole
https://orcid.org/0000-0001-7726-6606License
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