Constitutional Court issueda safeguard provision which suspends the application of the Regulation of the Minister of National Education limiting spiritual and ethical lessons in schools.The Ordo Iuris Institute points out that the creation of combined groups of students of different ages and implementing a curriculum circumstantial to different classes may violate the constitutional freedom of conscience and religion and the right of parents to rise moral and spiritual children according to their own beliefs.Such practice is besides incompatible with the objectives and provisions of the Educational Law.
Constitutional Court, in consequence to the request of the First president of the ultimate Court of 26 August 2024 (BSA III.4011.1.2024) to examine compliance with the Constitution of the Republic of Poland of the said Regulation, (OJ L 11, 1158) issued a protective provision which suspends its application.
This means that, as of 1 September 2024, § 2(1) of the Regulation of the Minister of National Education on the conditions and manner of organising religion in public kindergartens and schools (codification: OJ of 2020 item 983) as it has been so far. It specifies that kindergartens and schools are obliged to organize spiritual lessons for a group of not little than 7 pupils of a given class or branch (school groups). The formation of inter-branch or inter-class groups will so proceed to be possible only if there are less than 7 pupils attending religion in each of the combined classes or branches.
Therefore, groups covering classes I-III, IV-VI or VII-VIII should not be formed, as this may violate the constitutional rights and students to spiritual education and the right of parents to supply this education to children. In the judgement of 2 December 2009 (file number U 10/07) The Constitutional Court stated that “the teaching of religion is 1 of the elements of freedom of religion as defined in Article 53(2) of the Constitution”.) He besides recalled that “the inclusion of spiritual assessments into the yearly and final average is, as the Court reiterates, a consequence of the introduction of religion into the curriculum and the consequence of the publication of spiritual assessments on the certificates of school public schools. This is the consequence of constitutional guarantees of freedom of religionIt’s okay. ” The TK pointed out the inextricable link between spiritual education in the school and freedom of conscience and religion already in the judgement of 30 January 1991 (file number K 11/90).
In particular, the provisions of the Regulation of the Minister of Barbara Nowacka, providing for the anticipation of merging pupils of different classes or branches into 1 group, do not exempt from the work to meet the objectives of the educational strategy resulting from the Act of 14 December 2016. – Educational law (OJ of 2024 item 737, including the objectives resulting from points 1 and 5 of Article 1 thereof, referring to the right of pupils (teachers) to education and care appropriate to the age and improvement achieved, as well as the adaptation of the content, methods and organisation of teaching to the anticipation of psychophysical pupils. This was noted by the ultimate Administrative Court in its judgement of 15 January 2021 (Event No. III OSK 2907/21) stressing that "education to all extent, including religion, remains in connection with the child's psychophysical improvement and maturity, and teaching must be adapted to the characteristics of children, the content or cognition they already possess". The merging of pupils of different ages and pursuing a curriculum circumstantial to different classes can so be regarded as violating not only the constitutional freedom of conscience and religion and the right of parents to rise moral and spiritual children according to their own beliefs, but besides as incompatible with the objectives and regulations of the Educational Law.
In practice, combining students in 1 group of different vintages may lead to a violation of the rights of students attending spiritual lessons, as expressed in the abovementioned provisions of the Act. This would besides let in Article 44(1) of the Education Law, according to which schools and institutions take the essential measures (including activities in the organisation of education, education and care processes) in order to make optimal conditions for the implementation of teaching, educational and care activities and another statutory activities, to supply each student with the conditions essential for its development, to improve the quality of the school's work and its organisational development. The work for the appropriate performance of these duties lies with the school head who, in accordance with Article 68(1)(1) and (2) of the Education Law, directs the activities of the school and exercises pedagogical supervision.
The school’s compliance with the rules on the organisation of the school’s work is supervised by the body moving the school or establishment (Article 57(1) and (2)(3) of the Educational Law). Where a negative assessment of the Director's work or a negative assessment of his performance in this area is established, that authority may revoke the manager (Article 66(1)(b).
In addition, pursuant to Article 81(1) of the Law of 26 June 1974. – Work Code (OJ of 2023 item 1465, as amended), a teacher who was ready to do his job, but suffered obstacles due to reasons concerning the employer, is entitled to remuneration for the time not to do this job.
Ponasto, in accordance with Article 63(1) of the Act of 26 January 1982. – Teacher's Charter (OJ of 2024 item 986), the teacher, during or in connection with the performance of his duties, enjoys the protection provided for public officials under the conditions laid down in the Act of 6 June 1997. – Criminal Code (OJ of 2024 item 17). Paragraph 2 besides adds that the authority conducting the school and the school head are obliged to act as a teacher erstwhile the powers established for the teacher are infringed.
Source: Ordo Iuris
TG
