Organizations supporting LGBT lobby requests encourage the organisation of alleged Rainbow Fridays in schools last Friday October. There is no uncertainty that the entry into the schools of volunteers of specified organisations requires the prior approval of the school director, preceded by a affirmative opinion of the school or institution (if appointed) and of the parents' board, as follows straight from Article 86(2) of the Act - Educational law. What, though, if a typical of a non-governmental organization does not physically enter the school and a group of students wants to organize the event?
First of all, it should be noted that underage students are in the school under the supervision of teachers who are liable for the basic functions of the school: teaching, educational and care activities (see Article 6(1) of the Teacher's Charter). It cannot so be that students impose on the school the organisation of certain events, as the school is liable for the content that is passed on to students in its territory.
Of course, the school is not independent in this area. It is obliged to cooperate with the parents of students (Article 44(2)(4) of the Educational Law) who have precedence in educating their children according to their own beliefs, including in the moral and spiritual sphere (Articles 48(1) and 53(3) of the Constitution of the Republic of Poland). In addition, schools carry out a educational-profile programme covering educational content and activities aimed at pupils, content and preventive activities aimed at students, teachers and parents. (Article 26(1) of the Educational Law). What is important, this programme is adopted by the Board of Parents, representing the full parents of students, in consultation with the Pedagogical Board (Article 84(2)(1) of the Educational Law).
Organizing events specified as Rainbow Friday should so be part of the school's educational-profile program. At the same time, it should be remembered that issues relating to the prohibition of discrimination, respect and equal treatment of another man, regardless of his views, can besides be passed on to students in another way, not necessarily within Rainbow Friday, referring more or little openly to LGBT lobby's demands.
Moreover, Rainbow Friday is not an action organised entirely from the bottom up by students. This year, GrowSpace's non-governmental foundation is liable for coordinating it, which encourages students to usage the materials provided by it at school as part of Rainbow Friday. This situation besides gives grounds for applying the procedure under Article 86(2) of the Education Law, the essence of which is that students during their stay at school should not be transferred to external bodies without agreement with the advice of their parents. It may besides be that older students can besides be volunteers for NGOs supporting the rainbow lobby.
The usage by students wishing to organize Rainbow Friday, materials sent or produced by an outside organization should so be preceded by a affirmative opinion from the parents' council.
In summary:
– the possible organisation of Rainbow Friday students should be included in the establishment of the educational-profile programme implemented at school and should be agreed in advance with teachers and school principals who have the right to refuse it;
– the pedagogical group should operate in consultation with parents who should be informed in advance of the details of the event and the material that will be utilized during it. Each parent should besides be informed of the anticipation of opposing the participation of his kid in the event;
– the event should not take place in a public space, so that students whose parents do not agree to their child's participation in Rainbow Friday are not involuntaryly eloquent with content distributed during the action;
– the usage of materials provided to students by NGOs specified as the Growspace Foundation should be preceded by a affirmative opinion of the parents' council.
R.pr. Marek Puzio – elder Analyst of Ordo Iuris investigation and Analysis Center
Source: Ordo Iuris
TG
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